File FIR against Mehbooba Mufti over her statement on Art 35A: Kolkata court

The court directed Kolkata Police to treat a city-based businessman's complaint as FIR u/s 156(3) of CrPC and to begin investigation.

Mufti had tweeted, "Valley rife with speculation about status of Article 35. Before taking a decision, GoI must consider that J&K was the only Muslim majority state that chose a secular India over Pak during partition.  Article 370 is the constitutional connection between J&K & Indian Union."

On Feb 26, the businessman emailed a complaint to the local police station as well as to the Kolkata Police Commissioner against Mufti's statement.

As he did not receive any communication from the police regarding the matter and did not see the police taking any action again it, he moved the court.

Police have also been directed to submit a compliance report before the court by Mar 26.

What is Article 35A?

Article 35A, which was incorporated in the constitution by a 1954 Presidential order, defines the permanent residents of Jammu and Kashmir. It bars people from outside the state to own immovable property in Jammu and Kashmir. It was aimed at protecting the rights and guarantee the unique identity of the people of the state.

Under the Jammu-Kashmir constitution, a Permanent Resident is a person who was a state subject on May 14, 1954, or who has been residing in the state for a period of 10 years, and has “lawfully acquired immovable property inthe state”.

Article 35A faces challenge:

Article 35A was challenged in Delhi High Court. Later it was also challenged in the Supreme Court.

The case is still pending in the top court.