Former Air Vice Marshal, 5 other petitioners move SC against Centre’s decision on Jammu & Kashmir – Times Now




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New Delhi: Six petitioners including former Air Vice Marshal Kapil Kak and Retired Major General Ashok Mehta, have moved the Supreme Court challenging the Jammu & Kashmir (Reorganisation) Act, 2019, and the abrogation of Article 370.


The recent petitions come after Omar Abdullah-led National Conference (NC), on Saturday (August 10), moved the apex court to challenge Centre’s decisions to scrap special status accorded to Jammu & Kashmir under Article 370 and reorganisation of the troubled northern state into two Union Territories (UTs). The NC in its plea claimed that Centre’s move was “illegal”.


The NC leader continues to be under house arrest along with all major and fringe politicians in Jammu & Kashmir. The government on August 4 imposed Section 144 in the state and snapped Internet and telephone services in the state throwing life out of gear. 


The government on August 5 tabled the resolutions for its decisions which were subsequently cleared by both the Houses of the Parliament and later got Presidential consent. 


NC’s petition was the fourth such before the SC challenging the government’s recent moves in Jammu & Kashmir and their implications. 


On August 9, a Kashmiri advocate Shakir Shabir filed a writ petition challenging the President’s order of August 5 to amend the text of Article 367 which in turn paved the way for the amending of Article 370.


Shabir petitioned before SC that a constitutional provision, Article 367, cannot be amended merely by the Presidential order. The plea further argues that “concurrence of the state assembly which reflects the will of the people was required before such sweeping changes which altered the history and the geography of the state”.


Earlier, activist Tehseen Poonawalla filed a plea in the apex court without expressing any view on government’s move against Article 370 but seeking withdrawal of ‘curfew and restrictions’ and other measures such as blocking of phone lines, Internet and news channels.


In his petition, Poonawalla also sought the release of former J&K chief ministers Omar Abdullah and Mehbooba Mufti. He has also urged the top court to set up a judicial commission to find about the ground realities in the state.


President Ram Nath Kovind gave his assent to Centre’s resolution on repealing provisions of Article 370 of the Constitution. Kovind also gave his nod to clear the Jammu and Kashmir (Reorganisation) Bill, 2019 which was passed by both the Houses of the Parliament earlier this week. Union Territory of Ladakh and Union Territory of Jammu and Kashmir will come into effect from October 31, the 144th birth anniversary of Sardar Vallabhbhai Patel.


Former Air Vice Marshal, 5 other petitioners move SC against Centre’s decision on Jammu & Kashmir – Times Now