Monday, August 6, 2018

Article 35A: Supreme Court Adjourns Hearing to Aug 27

Article 35A: Supreme Court Adjourns Hearing to Aug 27
New Delhi: The Supreme Court on Monday, 6th August 2018 adjourned the  hearing on bunch of petitions challenging Article 365A of the Constitution to August 27th, stating that only 3-judge bench case decide the matter.

Article 35A has been categorised as a three-judge bench case but Justice DY Chandrachud isn't available on the bench.

Chief Justice of India Dipak Misra said a two-judge bench can’t hear the matter. “Only a three judge bench can consider this case. We can't hear it in one day,” he said.

The petitions have sought to quash the Article 35A, which confers special status to permanent residents of Jammu and Kashmir.

The matter was listed for hearing before a bench comprising Chief Justice Dipak Misra and Justices A M Khanwilkar and D Y Chandrachud.

 Article 35A, which was incorporated in the Constitution by a 1954 Presidential Order, accords special rights and privileges to the citizens of Jammu and Kashmir and denies property rights to a woman who marries a person from outside the state.

 The provision, which leads such women from the state to forfeit their right over property, also applies to their heirs.

 Political parties including the National Conference and the CPI-M, have moved the Supreme Court in support of the Article 35A that empowers the state assembly to define "permanent residents" for bestowing special rights and privileges to them.

Article 35A Hearing Now on August 27: Chief Justice Dipak Misra said that Article 35A has been in vogue for more than 60 years. "An argument about strike by lawyers can't now be a ground to speed up the case," he said. Jammu and Kashmir seeks matter to be adjourned to December. The matter will now be listed in a week, commencing August 27. SC will hear arguments on reference.

Jammu and Kashmir May Not Have Much to Say on Article 35A: SC: Chief Justice Dipak Misra said that the Supreme Court will hear Attorney General (AG) of India as the Jammu and Kashmir government "may not have much to say". J&K counsel has opposed the observation. ASG Tushar Mehta and Rakesh Dwivedi reply, saying that the state has "a lot to say in this matter".

Can't Hear Hear 35A Petition in a Day: SC:  Additional Solicitor General Tushar Mehta appeared for Jammu and Kashmir government and sought  adjournment of hearing on Article 35A. Chief Justice Dipak Misra said that a two-judge cannot hear it. "Article 35A didn't come in the Constitution in just a day. We cannot hear it in a day. This will be argued," CJI said.

Omar Abdullah on Article 35A Hearing: Former chief minister of Jammu and Kashmir Omar Abdullah tweeted, "Protecting #Article35A is a tacit acceptance that J&K’s future lies within the Constitution of India otherwise how would it matter if it were struck down or diluted? "

Kashmir Tense: Unease and growing anxiety was palpable in Jammu and Kashmir on Sunday, a day ahead of the Supreme Court hearing on whether a Constitution Bench should go into the question of Article 35A, which empowers the State legislature to define “permanent residents” and provide special rights and privileges to them.

A complete shutdown was observed in the Valley on the call of the separatist Joint Resistance Leadership, comprising Syed Ali Geelani, Mirwaiz Umar Farooq and Yasin Malik.

There was very thin traffic on the roads. Most people stayed indoors. However, there were no reports of any violence. The authorities suspended the Amarnath yatra. All intra-State train services were halted. Extra deployments were made in all volatile areas.

No comments: