SC defers hearing on plea challenging Art 370 to Sept

Samaan Lateef

Tribune News Service

Srinagar, August 24

The Supreme Court has deferred the hearing of a petition challenging Article 370 of the Constitution granting special constitutional status to J&K within the Indian Union.

The petition, which was listed for Friday, will come up for hearing in September.

“The petition was listed for hearing on Friday but we have been informed by the court that it has been deferred to September,” advocate-general DC Raina told The Tribune.

Raina said the petition was deferred by the Supreme Court’s roster as important cases like reservation and promotion were pending before the constitutional bench.

The apex court is hearing the petition by Kumari Vijaylakshmi Jha contending that Article 370 was a temporary provision that had automatically lapsed with the dissolution of the J&K’s Constituent Assembly on January 26, 1957. Jha’s petition was dismissed by the Delhi High Court in April 2017.

Jha contends that the provisions like citizenship in Article 370 never got assent/approval of the President or Parliament or Government of India and continuing with them amounted to fraud on the basic structure of the Constitution.

The Supreme Court is to hear on August 30 the petitions challenging the validity of Article 35-A of the Constitution— which gives permanent residents of Jammu and Kashmir certain privileges.

Separatists have called for shutdown in J&K on August 30 and 31 to protest against the petitions challenging the validity of Article 35-A.

“I am surprised that separatists have called for shutdown in support of Article 35-A but ignored Article 370. If Article 370 goes, everything goes,” remarked a senior officer.