Supreme Court Allows Withdrawal Of Petition Challenging Provisions Of J&K Reservation Act 2005

A Bench of Chief Justice of India UU Lalit, Justices Ravindra Bhat and JB Pardiwala was prompted to do so after the Court was told of the developments which took place subsequent to the filing of the plea.

"In view of the developments which have taken up since the filing of the writ petition, we permit the petitioners to withdraw the petition with further liberty to take or initiate appropriate proceedings in manner known to law."

During the hearing, ASG Vikramjit Banerjee submitted that plea filed in 2006, pertains to provisions on Reservation in Jammu and Kashmir.

"As a result of Jammu and Kashmir Reorganisation Act, 2019, the situation has drastically changed. Today it's a Union Territory. What is prevalent in other Union Territories should apply, ipso facto. One, that's a matter of policy", the Bench observed.

Further, the Court observed that amending a petition from 2006 would be a tough and convoluted task.

"Whatever you have filed in 2006, cannot be a basis for amendments now. What will you amend in a petition from 2006? We will grant you liberty to withdraw…", the Court said.

With these observations, the Court disposed of the plea.

Case Title: Munilal And Ors Versus The State Of Jammu And Kashmir And Anr | W.P.(C) No. 556/2006 Pil-W