Declines To Issue Notice, Says Art 370 Matter Is Listed For Directions On July 11

New Delhi: The Supreme Court on Thursday deferred hearing on a plea seeking directions to the Election Commission and the government for holding early assembly polls in Jammu and Kashmir.
A bench comprising Chief Justice D Y Chandrachud and Justices P S Narasimha and Manoj Misra noted that petitions challenging the abrogation of Article 370 were listed for hearing on July 11.
“We will adjourn this. The 370 matter is listed for directions on July 11,” the bench said.
The counsel appearing for the petitioners submitted that this is a different case as the residents have been disenfranchised and urged the apex court to issue notice in the matter.
The bench, however, refused to issue notice and adjourned the matter.
The top court was hearing a petition filed by National Panthers Party leaders (JKNPP) leaders, Manju Singh and Harsh Dev Singh seeking directions to the Election Commission of India to conduct elections in the union territory without any further delay.
The Article 370 case has been pending in the Supreme Court for nearly four years. The case had not come up after a five-judge Bench refused to refer the petitions to a larger Bench in March 2020. The case had since been mentioned several times for early hearing.
The petitions have challenged a Presidential Order of August 5, 2019 which blunted Article 370. The Article had accorded special rights and privileges to the people of Jammu and Kashmir since 1954 in accordance with the Instrument of Accession. The special status was bestowed on Jammu and Kashmir by incorporating Article 35A in the Constitution. Article 35A was incorporated by an order of President Rajendra Prasad in 1954 on the advice of the Jawaharlal Nehru Cabinet. The Parliament was not consulted when the President incorporated Article 35A into the Constitution through a Presidential Order issued under Article 370.
Following the dilution of Article 370, the Jammu and Kashmir (Reorganisation) Act of 2019 came into force and bifurcated the State of Jammu and Kashmir into two Union Territories of Jammu and Kashmir and Ladakh. In a day, Jammu and Kashmir had lost its full Statehood and became a Union Territory of the Central government. The move had been preceded by a state of lockdown in the J&K.
The various petitions have challenged the Centre’s “unilateral” move to impose curfew and unravel the unique federal structure of India by dividing Jammu and Kashmir “without taking consent from the people”.
They have questioned the Centre’s sudden move to “unilaterally unravel the unique federal scheme, under cover of President’s Rule, while undermining crucial elements of due process and the rule of law”.
Separate petitions have contended that the August 5 Order and the Jammu and Kashmir Reorganisation Act of 2019 were arbitrary. They have also challenged the proclamation of President’s Rule in the State in December 2018.
PTI

  Kashmir, Kashmir 370

Press Trust of India