4 yrs gone, detailed objections not filed in Article 35A case

Ishfaq Tantry

Tribune News Service

Srinagar, August 30

Even as the state government has approached the Supreme Court seeking adjournment of the hearing into the petitions challenging validity of Article 35A, it has chosen not to file detailed objections to the main petition yet.

The filing of the objections would have revealed J&K’s stand vis-a-vis the constitutional provision protecting state’s hereditary state subject laws.

The J&K Government’s main ground for delaying the submission of detailed objections is that the main petition, ‘We the Citizens’ versus the Union of India and others, is still at the “admission stage”. Besides, the apex court is yet to issue notices to respondents in four petitions filed later on. These were clubbed with the main petition.

When asked why the state government had so far delayed the filing of the detailed objections as the main petition was filed in 2014, an official said, “No notice has been issued by the apex court in the four petitions filed later.”

On the other hand, the Law Secretary said the “matter is at the admission stage” and the J&K Government has “already filed the preliminary objections” into the matter before the Supreme Court.

Sources said the draft of the detailed objections was prepared by the then Advocate General Jahangir Iqbal Ganai and submitted to the Law Department in August 2017 but for some reason it was not approved.

So far, the J&K Government has only submitted a nine-page “short affidavit” (preliminary objections) to the main petition after it was issued a notice by the SC on August 19, 2014.

These preliminary objections, filed on December 2, 2015, were settled by FS Nariman and the then Advocate General even as PDP-led government paid Rs 1 crore to constitutional experts for seeking counsel on the subject.

In fact, a letter dated August 1, 2017, addressed to the J&K Law Secretary by then Advocate General, had also noted that a “detailed supplementary affidavit was required to be filed so as to place on record the factual background which necessitated in adding Article 35A to the Constitution.”

Govt’s grounds for delay 

• The J&K Government’s main ground for delaying the submission of detailed objections is that the main petition, ‘We the Citizens’ versus the Union of India and others, is still at the “admission stage” 
• The apex court is yet to issue notices to respondents in four petitions filed later. These were clubbed with the main petition
• The J&K Government has “already filed the preliminary objections” into the matter before the Supreme Court 

Tarigami, Kashmir Bar team leave for Delhi

• CPM leader Mohammad Yousuf Tarigami on Thursday left for Delhi to attend Friday’s Supreme Court hearing on Article 35A of the Constitution. The CPM had moved the Supreme Court in July in support of Article 35A that empowers the state Assembly to define permanent residents for bestowing special rights and privileges on them
• The Kashmir High Court Bar Association, which has filed an application for being impleaded as a party in the case, has deputed a 14-member team of lawyers led by its president Mian Qayoom and senior lawyer Zaffar Shah

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