Tarigami files plea in SC for early hearing on Art 370
The CPI(M) leader said if the matters were not heard urgently, “grave injustice will be caused to the applicant”
SRINAGAR : Senior CPI(M) leader MY Tarigami on Friday filed a plea in the Supreme Court seeking early hearing of the petition challenging the constitutional validity of the Centre’s decision to revoke the special status of Jammu and Kashmir.
Soon after the abrogation of Article 370 and 35A and bifurcation of J&K into two union territories, several mainstream political leaders from J&K had filed writ petitions in the Supreme Court challenging the decision taken by Central government on August 5, 2019. The SC had clubbed several petitions together and since then leaders and individuals who had filed petitions in the SC have been waiting for the early hearing of the case.
Tarigami, who is the People’s Alliance for Gupkar Declaration spokesperson, said, “I was among the first people to challenge the central government’s decision in the Supreme Court. Later, other leaders and groups also filed the petitions. I have requested that the SC hear the case urgently.”
In his petition, Tarigami said despite the fact that the challenge to the constitutional validity of orders by the Centre on August 5, 2019 as well as the J&K (Reorganisation) Act, 2019 is pending before the Supreme Court, the central government has taken some “irreversible actions”.
He said the Centre has constituted a delimitation commission to mark boundaries in the territory for all the constituencies before an assembly election can be held. “Amendment of the Jammu and Kashmir Development Act allowing persons who are not permanent residents to buy land in Jammu and Kashmir if it is not an agricultural land. Closing down of institutions such as the J&K State Women’s Commission, J&K State Accountability Commission, J&K State Consumer Protection Commission and J&K State Human Rights Commission,” the petition said, listing out some decisions by the Centre.
The petitioner said in view of the aforesaid actions being taken by the central government, it is submitted that the challenge to the constitutional validity ought to be heard on an expedited basis otherwise the petition itself would be rendered infructuous in view of the irreversible actions of the respondents and the applicant would be rendered remediless.
The CPI(M) leader said if the matters were not heard urgently, “grave injustice will be caused to the applicant”.
“In such view of the matter, the applicant herein is seeking an early hearing of said writ petition,” he said.
“In view of the above facts and circumstances this honourable court may have kind indulgence to direct the respondents accordingly, in the interest of justice, otherwise the applicant will be put to irreparable loss, injury and hardships,” the petition said.
On Wednesday, the People’s Alliance for Gupkar Declaration (PAGD) passed a resolution demanding the restoration of the original constitutional position of Jammu, Kashmir and Ladakh. It also demanded that articles 370, 35A and full statehood be restored. “It is extremely unfortunate that judicial challenges to the abrogation, as a violation of the Constitution, continue to remain pending before the Supreme Court even after two years,” Tarigami had said.