J&K People's Conference Moves SC, Seeks Early Hearing Of Pleas Challenging Abrogation Of Article 370 & Reorganisation Of J&K

 The Jammu & 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 seeking early hearing 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 the Court.

"Notwithstanding the foregoing, pending the final hearing of these petitions challenging the abrogation of the special status of the erstwhile State of Jammy and Kashmir and the abrogation of the Constitution of Jammu & 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 the dilution of safeguards earlier available to the permanent residents of the erstwhile State of Jammu & Kashmir," the application states.

It is further stated that these changes 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. In this context, the application reads, "the very purpose of the present proceedings will be severely undermined if the present petitions are not heard and disposed of urgently. Suffice to say sufferance of the people continues as if under conquest without a full-fledged responsible government".

Elaborating on the extension of applicability of several central laws to the Union Territory of Jammy and Kashmir, the petitioner states that the same derive authority from the impugned Constitution orders, (of August 5th & 6th), earmarking the abrogation of Article 370 as well as the Reorganisation Act, the validity of which is under challenge before top court.

The Application states that functioning of the Court continues to be restricted till date and consequently, even though seven months have lapsed since the order of March 2, 2020 wherein the preliminary issue of reference to a larger bench was decided, and over a year has lapsed since the Impugned Constitution Orders and the Reorganisation Act were issued, the present batch of Petitions is yet to be heard on merits.

Apropos this, the statement declares that the application has been filed seeking urgent disposal of the petitions as significant changes to the rights of the residents of the erstwhile State of Jammu & Kashmir have already been brought about by the Centre.

Last week, an application seeking early hearing of the petitions was filed by Advocate Shakir Shabir.

The application had further stated that all consequent acts of the government, including the recent changes to land laws in the Union Territories, derive authority from the impugned order or subsequent orders, and are therefore also illegal and void ab initio.

With reference to the batch of pleas that are pending before the Supreme Court, it is pertinent to note that notice was issued on them last year on August 28 and the matter had been referred to a Constitution Bench.