Barkati’s nomination rejected for skipping Constitutional oath

| Updated: 29 August, 2024 10:46 am IST

SRINAGAR: The Election Commission of India (ECI) has disqualified the candidacy of Sarjan Ahmad Wagay, a controversial cleric, from contesting in Jammu and Kashmir’s Shopian district. The disqualification followed his failure to fulfil the constitutional oath requirements, as mandated under Section 16 of the J&K Reorganization Act 2019.

 

 

According to official sources, Wagay’s nomination was filed on August 27, 2024, by an authorized representative, just before the deadline. Upon review, the papers were found to lack the necessary oath certificate, which should have been signed by the Superintendent of Central Jail Srinagar, where Wagay is currently detained.

 

 

The oath, a crucial requirement, must be taken by the candidate under the supervision of the Jail Superintendent and submitted before the set deadline. Despite being granted additional time to provide the missing documents, Wagay’s representative submitted an incomplete and invalid oath certificate via WhatsApp, which was neither the prescribed method nor included the requisite certification from the Jail Superintendent.

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Given the mandatory nature of the oath under the relevant section of the law, the Returning Officer had no choice but to reject Wagay’s nomination during the scrutiny process.

 

 

Wagay, currently jailed with his wife on charges related to terror funding and money laundering, became widely known as the so-called “Azadi Chacha” after the death of Hizbul Mujahideen terrorist Burhan Wani in 2016. He played a key role in leading large-scale protests and violence with security forces that year, resulting in over 30 FIRs being registered against him.

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In August 2023, the State Investigation Agency (SIA) of Kashmir arrested Wagay for orchestrating a large-scale crowdfunding campaign, raising approximately Rs 1.74 crores. The funds, intended for personal use, were allegedly misused to finance secessionist and terrorist activities, including acquiring undisclosed assets for promoting radicalism in the Kashmir Valley.

 

 

The SIA’s investigation also uncovered that a significant portion of the funds had been deposited in Fixed Deposit Receipts (FDRs) under the names of Wagay’s close relatives, raising concerns about the legitimacy of the sources and the utilization of these funds.

 

 

On Wednesday, the ECI rejected Wagay’s nomination papers along with those of 23 other candidates for various legal deficiencies.

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