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Breaking: [Article 370] SC Refers Petitions Challenging Abrogation Of Special Status And Bifurcation Of J&K To Constitution Bench

Prabhati Nayak Mishra
28 Aug 2019 5:32 AM GMT
Breaking: [Article 370] SC Refers Petitions Challenging Abrogation Of Special Status And Bifurcation Of J&K To Constitution Bench
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The Supreme Court  on Wendesday referred to Constitution Bench the petitions challenging the validity of the the abrogation of special status of Jammu and Kashmir and the downgrading of the state into a Union Territory.

The bench of CJI Ranjan Gogoi, Justice S A Bobde and Abdul Nazeer said that the matters will be heard in October.

The Court issued notice on the petitions overruling the objections of the Attorney General and Solicitor General. They urged the Court not to issue notice by saying that other countries will take advantage of it in international platforms against India on Kashmir issue.

"There will be cross-border repercussions if notice is issued", SG Tushar Mehta said. AG Venugopal submitted that Pakistan might use it against India in the UN. 

The Court also issued notice on the petition filed by Kashmir Times Executive Editor Anuradha Bhasin challenging the restrictions on press imposed in the region.

The bench was considering as many as 14 petitions concerning the issue.

The details of the petition are as follows :

Challenge against dilution of Art.370 and J&K bifurcation

Challenging the Presidential Orders issued under Articles 370 which took away the special status of J&K and also the Jammu and Kashmir (Bifurcation) Act 2019 that bifurcated the state into Union Territories of J&K and Ladakh, the following petitions were filed :

  • Petition of National Conference leaders Mohammed Akbar Lone and Hasnain Masoodi (who is a former judge of J&K High Court).
  • Petition of former IAS officer and J&K politician Shah Faesel and activist Shehla Rashid.
  • Petition of Kashmiri lawyer Shakir Shabir challenging Presidential Order ( C.O 272) issued on August 5.
  • Petition of Advocate M L Sharma, filed on the next day of August 5 order. When it came before the Court on August 14, the CJI-led bench had admonished Sharama for filing a 'shoddy petition'.

Challenge against curfew measures

The following petitions challenge the curfew measures and restrictions imposed in the state following the revocation of its special status.

  • Petition of law graduate Mohammad Aleem Sayed challenging the information blackout in the state and seeking information about his parents in Anantnag district, who have been untraceable to him since August 4.
  • Petition of Kashmir Times Executive Editor Anuradha Bhasin challenging the curbs on media imposed in the region.
  • Petition of activist Tehseen Poonawalla against detention of political leaders in Kashmir.

Habeas corpus petition

Challenging the detention of CPI(M) politician Mohammed Yousuf Tarigami, the party general secretary Sitaram Yechury  filed the habeas corpus petition, stating that the 72-year old leader has not been keeping well.

The bench allowed Yechury to travel to Kashmir to meet Tarigami. Law graduate Sayed was also permitted to travel to Anantnag to meet his parents.

The CJI-led bench added that the visit must not be used for political purposes.

Read the Order Here

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