Srinagar, Dec 18 (KNS): Jammu and Kashmir Law Minister Abdul Haq Khan Sunday said that the recent Supreme Court judgment on SARFEASI act is an achievement for the State.
He said that Supreme Court has upheld the special status of Jammu and Kashmir State.
“I have gone through the judgment and read it thoroughly. We have achieved two things in this judgment. First Supreme Court said that Article 370 is a permanent provision of Indian Constitution. And second Supreme Court has upheld our State subject laws and reiterated that outsiders can’t purchase a movable property in Jammu and Kashmir”, he told KNS over phone.
He said that Jammu and Kashmir is having “Special Status” in Union of India and is not a Sovereign State in itself.
“Under Article 370 Jammu and Kashmir enjoy “Special Status” within constitution of India. Article 370 is subservient to Indian Constitution. So it is clarified that Jammu and Kashmir enjoy special status within constitution of India and is not sovereign in itself,” he told KNS.
He said that everyone must read Supreme Court judgment to clear doubts and apprehension, if any.Click Here To Follow Our WhatsApp Channel
He also clarified that the case before Supreme Court was challenged about some provisions of SARFEASI act.
Elaborating, he said, “SARFEASI act was enacted in 2002. The act empowers banks to sell the mortgage of the borrower out of Court process”.
“In Jammu and Kashmir, the question and concern was that can banks sell the mortgaged property to non locals. In 2010 the then government has sought opinions from the State Law department. The Law department had informed the government that it would be better to approach Government of India to seek amendment in some of the provisions of SARFEASI act,” he said.
He added that later Government of India had agreed and amended the Law and clarified banks cannot sell immovable property to non locals in Jammu and Kashmir.
He said that there must be no confusion on the matter and once should differentiate “Special Status” and “sovereignty”. (KNS)