NC has moved Supreme Court challenging the abrogation of Articles 370 and 35A
The Farooq Abdullah led Jammu & Kashmir National Conference (JKNC) has moved Supreme Court challenging the abrogation of Articles 370 and 35A, which were recently passed by the Parliament and thereupon approved by the President of India – Ram Nath Kovind.
The Jammu and Kashmir (Reorganisation) Bill, 2019 has ends the special status given to Jammu to Kashmir and converts it into a Union Territory (U.T.) with legislature. Besides, Ladakh has also be converted into a U.T. without legislation. The change will come into effect from October 31, 2019, which also happens to be the birth anniversary of Sardar Vallabhbhai Patel.
The petition contends that the repealing of the Articles 370 and 35A has taken away rights of its citizens without their mandate. It argues that the legislation passed by the Parliament and the subsequent orders issued by President were ‘unconstitutional’. The petitioners said that the Presidential Orders are violation of fundamental rights guaranteed under Article 14 and 21 of the Constitution to the people of Jammu and Kashmir. Hence, they stated in their prayer to declare the repealing as “void and in-operative.”
The petition has been filed by Mohammad Akbar Lone, a Former Cabinet Minister of the Omar Abdullah Government in Jammu & Kashmir and Retd. Justice Hasnain Masoodi. Both the petitioners are Lok Sabha members. Earlier in 2015, Masoodi had ruled that Article 370 was a permanent feature of the Constitution.
The petition read, “This case, therefore, goes to the heart of Indian federalism, democratic processes and the rule of apex court as the guardian of the federal structure.” They submitted that Articles 370 was extensively considered as carefully drafted in order to ensure the peaceful and democratic accession of the former princely state of Jammu and Kashmir to the Indian Union.
Besides, on Friday, August 9, 2019, police had to use tear gas and pellets to control a crowd of 10,000 people who had gathered at the Soura area in Srinagar, after the Friday prayer to protest against the bifurcation of Jammu & Kashmir. While the police pushed back the mob at Aiwa bridge, some women and children jumped into the water. The protest witnessed the largest turn-out after the 5 days long curfew was eased. During the lockout period, the people of Kashmir had a communication break-down with literally no access to telephone and internet.
Speaking on the occasion, the Spokesperson for Ministry of External Affairs – Raveesh Kumar said, “Just outside Srinagar things have really come back to normal. People are going about their business; vehicles are plying normally. If we are confident of maintaining the law and order, I think those restrictions will be relaxed, I’m quite sure.”
In order to ensure peace in the valley, thousands of extra paramilitary police were deployed across Kashmir while the Home-Minister of India – Amit Shah debated the repealing of Articles 370 and 35A in Parliament.
