Senior lawyer trashes news on Article-35A hearing

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Srinagar: The Supreme Court will not hear pleas challenging Article-35A today, as claimed by a Jammu based satellite news channel, a senior lawyer has said.

“The main petition is listed tentatively for hearing on August 31. It can’t be heard earlier,” senior High Court lawyer Manzoor Ahmad Dar told Kashmir Reader.

The Apex Court, he said hears mostly miscellaneous cases on Monday and Fridays.

“Someone might have moved an application seeking case to be heard sooner but then main case won’t be heard before August 31. In a day or two, the case list might be out,” Dar said.

Pertinently, many Indian newspapers and TV channels reported today that the Supreme Court will hear a new PIL filed against Article 35A moved by BJP spokesman Ashwini Upadhyay. However, the main case will be heard on August 31.

The main petition was filed by a Delhi-based NGO “We the Citizens”. Later, three petitions filed by West Pakistan Refugees Action Committee, Dr Charu Wali Khanna, and Kali Dass were clubbed together.

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.

Article 35A was added to the Constitution of India by a Presidential Order in 1954