Stakeholders mull review plea over SC’s Article 370 judgment

PTI

Jammu, December 28

CPM leader MY Tarigami on Thursday said various stakeholders were contemplating moving the Supreme Court with a review petition over its December 11 judgment that upheld the Centre’s August 2019 decision to abrogate Article 370 of the Constitution, which bestowed a special status on the erstwhile state of Jammu and Kashmir.

The Awami National Conference (ANC), one of the petitioners who had challenged the abrogation of Article 370 before the apex court, also said it had been considering filing a review plea. It said the verdict, according to legal experts, was “full of flaws”.

No justice: cpm

Various stakeholders are contemplating moving the Supreme Court with a review petition. We opine the people have not received justice. —MY Tarigami, CPM leader

Flawed verdict: Awami National Conference

Experts say the judgment was full of flaws. A review petition is being prepared. Most likely, we will file the petition in the apex court. —Muzaffar Shah, vice-president, anc

A review petition must be filed within 30 days from the judgment or order of which a review is being sought and placed before the same Bench that had delivered the decision. “The Supreme Court has the authority but as a citizen, I have my views too, according to the Constitution and guidelines of the apex court. Our opinion is that the people of Jammu, Kashmir and Ladakh have not received justice and all the stakeholders, including the petitioners (in the matter), are exploring options so that we can get justice,” Tarigami told reporters here.

Asked if they were planning to move the court under the banner of the People’s Alliance for Gupkar Declaration (PAGD), the Left leader said different parties and individuals moved the court separately in the past and the same route could be taken again. “The window is open and why should we believe that this window will not open with good news for us,” he said.

In an apparent reference to the ruling BJP at the Centre, Tarigami said misleading narratives were being built to justify the abrogation of Article 370. He alleged that the abrogation of Article 370 was not just an “ordinary mistake”, but an “assault on the basic constitutional rights of the people of J&K and Ladakh”.

Awami National Conference’s senior vice-president Muzaffar Shah said in a press conference, “Legal and constitutional experts say the Supreme Court judgment was full of flaws. It remained silent on many basic issues. A review petition is being prepared and once it is ready, we will put it before our legal teams and the 23 petitioners. Most likely, we will file the petition in the apex court.”

“We also hope that the Supreme Court will restore Article 370,” he said, adding that the issue would also be discussed in the next meeting of the PAGD, which was formed in 2019 to fight for the restoration of J&K’s special status.

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