J&K People's Conference moves Supreme Court for early hearing in petitions challenging abrogation of Article 370

Political party, Jammu and Kashmir People's Conference (JKPC) has filed an application in the Supreme Court of India seeking early hearing in the batch of petitions challenging the abrogation of Article 370 of Indian Constitution.

. The plea filed by Sajad Gani Lone -led JKPC through its spokesperson Adnan Ashraf contends that sweeping changes are being introduced in Jammu & Kashmir (J&K) by the Central government and the same will have an irreparable impact on the rights of people of J&K.

. The application also submits that the petitioners have made out a very strong prima facie case and the issues raised are being considered by a Constitution Bench of the Supreme Court.

. "Notwithstanding the foregoing, pending the final hearing of these petitions challenging the abrogation of the special status of the erstwhile state of Jammu and Kashmir and the abrogation of the Constitution of Jammu and Kashmir, and notwithstanding the prevailing pandemic conditions, sweeping changes are being brought about by the centre that impact the rights of a large number of people, including dilution of the safeguards earlier available to the permanent residents of the erstwhile State of Jammu and Kashmir," reads the application. . A party spokesperson said that “these changes will have an irreparable impact on the rights of the citizens of J&K, including creation of domicile rights and third-party rights in land ownership."

. It is the case of the applicant that the proceedings before the apex court relating to challenge to abrogation of Article 370 "will be severely undermined if the present petitions are not heard and disposed off urgently".

“The present petition and the petitions tagged thereto ought to be heard and disposed of urgently as significant changes to the rights of the residents of the erstwhile State of Jammu and Kashmir have already been brought about by the Centre,” the plea states.

. The application has sought early hearing on the petition which has demanded that the abrogation of certain provisions of Article 370 be declared unconstitutional. It has also sought a direction to declare the erstwhile State’s bifurcation into two Union Territories - J&K and Ladakh as “unconstitutional and void”, JKPC Spokesperson, Adnan Asraf informed Bar & Bench .

. This is the second application filed before the top court seeking early hearing in the matter. Last week, another petitioner, Shakir Shabir had also filed an application seeking early hearing in the case.

."People of J&K are suffering": Plea in Supreme Court seeks early hearing of petitions challenging revocation of Article 370. On August 5, the Constitution (Application to Jammu & Kashmir) Order, 2019 , was introduced to supersede the Constitution (Application to Jammu & Kashmir) Order, 1954 . The 1954 Order had listed out provisions of the Constitution of India that would not apply to Jammu and Kashmir.

In its place, the 2019 Order provided that all provisions of the Constitution of India will apply to the state of Jammu & Kashmir, with a few exceptions and modifications.

.Jammu & Kashmir: Home Minister Amit Shah introduces move to scrap special status. Though the power to abrogate or modify Article 370 was conferred on the President under clause (3) of the Article, there was a pre-condition to the same – concurrence by the Constituent Assembly of the State of Jammu & Kashmir. The Constituent Assembly had, however, ceased to exist as far back as in the 1950s.

. In order to get over this hurdle, the Presidential Order now under challenge had amended Article 367 to replace the reference to “Constituent Assembly” under Article 370(3) to mean “Legislative Assembly”.

Subsequently, the President had issued another order on August 6 making Article 370 redundant .

.One Constitution for India and Jammu & Kashmir: Read Presidential Declaration under Article 370(3) that ceases Article 370. JKPC was the second political party after the National Conference (NC) to initiate legal challenge in the apex court against the changes made in the Constitutional status of the state.

. The National Conference (NC) had filed petition through its Lok Sabha MPs, Mohammad Akbar Lone and Justice Hasnain Masoodi (retd) challenging scrapping of J&K's special status.

. In March this year, a 5-judge Constitution bench of the Supreme court had held that there was no need to refer the batch of petitions challenging Article 370 to a 7-judge constitution bench .

.[Breaking] Article 370: No need for reference to larger Bench, Supreme Court. This ruling had come after a few petitioners sought reference of the case to a 7-judge bench contending that there is a conflict between two judgments of the Supreme Court - Prem Nath Kaul v. State of Jammu & Kashmir and Sampat Prakash v. State of Jammu & Kashmir . Both these judgments were rendered by 5-judge benches and dealt with the interpretation of Article 370.

However, the 5-judge bench of Justices NV Ramana, Sanjay Kishan Kaul, R Subhash Reddy, BR Gavai , and Surya Kant, which was hearing the case, declined to refer the matter to a larger bench holding that there is no conflict between the two judgments.

J&K People's Conference moves Supreme Court for early hearing in petitions challenging abrogation of Article 370

Mohsin Dar

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