Srinagar: The Jammu and Kashmir Government on Friday submitted an adjournment motion in the Supreme Court to defer hearing on the petitions challenging the constitutional validity of Article 35A. The adjournment motion was moved through the state’s additional advocate general in the Supreme Court, Shoeb Aalam.
Confirming the move, a senior law officer in the law department of J&K Government said that the decision on the adjournment motion will be taken by the apex court on Monday.
The move has been presumably made keeping in view the law and order situation in Jammu and Kashmir where resistance leaders, mainstream political parties, and people from all sections of society have vehemently opposed the petitions.
“The motion has been laid by the state government through its advocate general. We have to wait till Monday when the case is listed in the apex court,” the law officer said, when asked whether the hearing will be adjourned.
Top sources in the law department said that the case is likely to be adjourned by the Supreme Court.
“We cannot say anything as of now. The matter is sub-juice. However, we are hopeful that the case will be adjourned,” they said.
The Joint Resistance Leadership (JRL) of Syed Ali Geelani, Mirwaiz Umar Farooq and Yasin Malik has called for a two-day shutdown on August 5 and 6 to protest against attempts to “tinker with Article 35A”. The shutdown call has been supported by trade bodies, transporters, and other sections of society.
Four petitions demanding scrapping of Article 35A are listed for hearing on Monday before a bench of Chief Justice Dipak Misra and Justices AM Khanwilkar and DY Chandrachud.
The first petition was filed by a Delhi-based NGO, “We the Citizens”. Later, three petitions were filed, one by West Pakistan Refugees Action Committee, one by Dr Charu Wali Khanna, and one by Kali Dass. The court clubbed all the petitions together to hear the case.
The pleas have challenged, among others, certain provisions of Article 35A which deny property rights to a woman from J&K who marries a person from outside the state.
The Jammu and Kashmir High Court Bar Association, the opposition National Conference, Congress leader Tariq Hameed Karra, and Communist legislator MY Tarigami have separately filed an intervention application in the case.
The case is listed at serial number 6 on Monday in the Supreme Court.