Plea in SC by Kashmiri Pandits supporting, abrogation of Article 370

Synopsis The petition also stated that Jammu and Kashmir has been consistently threatened by infiltration from Pakistan and China with frequent incidents of cross-border radicalism  and terrorism.

Two Kashmiri Pandits and an apex body of various associations formed by the community have moved the Supreme Court in support of the government's decision to abrogate provisions of Article 370 that gave special status to Jammu and Kashmir.

The plea by Tej Kumar Moza, Karishma Tej Kumar Moza and All India Kashmiri Samaj, seeking to be made parties in the on-going matter, said that Article 370 was a transitory provision that was enacted keeping in mind the peculiar situation of Jammu and Kashmir and to enable it to completely integrate into the Union of India.

It categorically provides power to the President to cease the operation of the article through a public notification, the plea said.

"It is therefore submitted that the formulations and notifications of the 2019 order is in consonance with the provisions of Article 370 and the 2019 amendment act is a consequential legislative action that flows from it," the plea said.

 "The Treaty of Accession of Jammu and Kashmir to the Republic of India was an unconditional one and it was always the intention of the State of Jammu and  Kashmir to be completed integrated with the Republic of India. Article 70 was a temporary provision inserted with the object of peace, security, law and order in the State," the plea filed by All India Kashmiri Samaj said.

The petition also stated that Jammu and Kashmir has been consistently threatened by infiltration from Pakistan and China with frequent incidents of cross-border radicalism and terrorism.

The apex court has fixed November 14 to commence hearing on a batch of petitions challenging constitutional validity of the Centres decision to abrogate Article 370 provisions.

A five judge Constitution bench headed by Justice NV Ramana had allowed the Centre and the Jammu and Kashmir administration to file counter- affidavits on petitions challenging scrapping of Article 370.

Several political parties including the National Conference (NC), the Sajjad Lone-led J&K Peoples Conference and CPI (M) leader Mohd Yousuf Tarigami have filed pleas, challenging the Centre's August 5 decision.

The petition on behalf of the NC was filed by Lok Sabha MPs Mohammad Akbar Lone and Justice (Retd) Hasnain Masoodi. In 2015, Justice (Retd) Masoodi had ruled that Article 370 was a permanent feature of the Constitution.

A plea was also filed by a group of former defence officers and bureaucrats Radha Kumar, ex-member of Home Ministry's Group of Interlocutors for J&K (2010-11), former J&K cadre IAS officer Hindal Haidar Tyabji, Air Vice Marshal (Retd) Kapil Kak, Major Gen. (Retd) Ashok Kumar Mehta, ex-Punjab-cadre IAS officer Amitabha Pande and ex-Kerala-cadre IAS officer Gopal Pillai.

A plea has also been filed bureaucrat-turned-politician Shah Faesal, along with Shehla Rashid.

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Courtesy: The Economic Times: 25th October, 2019