PC Moves SC, Seeks Early Hearing Of Pleas Challenging Abrogation Of Article 370 And Reorganisation Of J&K

SRINAGAR: The Jammu and Kashmir Peoples Conference has moved the Supreme Court seeking early hearing of the batch of pleas’ challenging the abrogation of Article 370 & reorganisation of the Jammu & Kashmir.

On 5 August 2019, the Government of India revoked the special status, or limited autonomy, granted under Article 370 of the Indian Constitution to Jammu and Kashmir. Jammu and Kashmir Peoples Conference had challenged the abrogation and the the Jammu and Kashmir (Reorganisation) Act, 2019 (‘the Reorganisation Act’) as being entirely unconstitutional.

The application has stated that the petitioners have made out a very strong prima facie case and the issues raised are being considered by a Constitution Bench of this 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,” the application states.

“These changes will have an irreparable impact on the rights of the citizens of J&K, including the creation of domicile rights and third-party rights in land ownership,” it said.

“The very purpose of the present proceedings will be severely undermined if the present petitions are not heard and disposed of urgently,” it added.

“Suffice to say sufferance of the people continues as if under conquest without a full-fledged responsible government. In view of the foregoing, 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 application states.


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