SC adjourns Article 35-A hearing till Aug 27

SC adjourns Article 35-A hearing till Aug 27
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New Delhi, Aug 6: The Supreme Court of India Monday deferred the hearing on Article 35A till 27 August 2018 as one of the justices among three hearing the case was not present.
The three-judge bench headed by Chief Justice Dipak Misra is hearing the clubbed petitions on validity of Article 35A.
Advocate Mir Javiad who has filed application for intervention in the case, said over phone from Delhi that one of the Judges, Justice Dhananjaya Yashwant Chandrachud was not present today in the apex court.
He informed that as soon as the case was being mentioned in the morning for today’s hearing, the two-member bench in absence of the quorum listed the case for August 27.
“At least 15 intervention applications have been filed before the Court over the case. The bench today informed that those who have filed the intervention applications will be given 15 minutes each to defend the State Subject Law,” he told Kashmir News Service (KNS) over phone from New Delhi.
Kashmir High Court Bar Association (KHCBA) General Secretary Ghulam Nabi Shaheen while talking to a news agency said that the adjournment motion filed by the state government was not pressed as the quorum was not available.
He said that the bench were of the opinion that the case must go to the three-judge constitutional bench.
Advocate Shaheen who was also present on the occasion at the top court of India said that the bench observed that the Article 35-A is 60-year-old matter and said “how do you challenge it today.”
Shaheen said that the association has already filed intervention application and have has submitted all the relevant documents including letters in between Maharaja and Lord Mountbatten, letters between Sheikh Abdullah and Pandit Jawahar Lal Nehru. “We have placed all those constitutional developments which have taken place till date and we have also placed the international resolution on Kashmir. We have demonstrated that our case that it is a political arrangements, which can’t be revisited by the courts,” he said.
He said that they have also talked to Jammu lawyers in this regard who also said that “Article 35-A is the symbol of our core identity.”
Notably, Article 35-A, 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.
15 intervention applications have been filed before the Supreme Court over the abrogation of Article 35-A. Kashmir High Court Bar Association (KHCBA) through its General Secretary Ghulam Nabi Shaheen, senior Congress leader, Tariq Hameed Karra, CPI (M) senior leader and MLA Kulgam, Muhammad Yousuf Tarigami, J&K National Conference through its Provincial President Nasir Aslam Wani, Jammu & Kashmir Awami National Conference through Sr. Vice President Muzaffar Shah, Dr. Bashir Ahmad Shah and Advocate Mir Javed Ahmad, Jagmoham Singh Raina and others had also filed applications for intervention.
Sensing trouble, the state government had also urged the apex court to delay the hearing till local body and panchayat elections due in October. Last year too, the Supreme Court had deferred hearing after the centre said that the government has appointed an interlocutor to hold negotiations with various stakeholders in the state.
Meanwhile, Deputy Grand Mufti, Nasir-ul-Islam in a statement thanked people of all shades for their support to Civil Society Coordination Committee’s call for today’s shutdown over protection of State Subject Law under Article 35-A.
He said that a message will surely go to New Delhi that people won’t tolerate any kind of change or abrogation of Article 35-A. He also appealed for similar kind of protest on next date of hearing of Article 35-A case at the top court of India.
Pertinently, a complete shutdown was observed across the Valley and a few districts in Jammu region to protest against the abrogation of Article 35-A. (KNS)