Updated: August 28, 2021 8:38:47 am
CPI(M) leader Mohammad Yousuf Tarigami on Friday filed a plea in the Supreme Court for early hearing of writ petitions filed in 2019 seeking to declare presidential orders from August 5 and August 6 as well as the Jammu and Kashmir Reorganisation Act “unconstitutional, void and inoperative.”
The petition submitted Friday notes that despite challenges to the Presidential orders of August 5 and 6, “the Central government has, inter alia, taken the following reversible actions…” The petition notes these actions as constitution of a delimitation commission to mark boundaries in the territory for all the constituencies before an Assembly election can be held, amendment of J&K Development Act allowing persons who are not permanent residents to buy land in J&K, closing down of institutions such as J&K state women’s commission, J&K accountability commission and J&K state human rights commission.
Stating that in view of these actions being taken by the Centre, the plea said the challenge to the constitutional validity “ought to be heard on an expedited basis, otherwise the petition itself would be rendered infructuous” and the applicant would be left without remedy.
The petition has been filed three days after the PAGD convention, held on August 24, passed a resolution seeking restoration of J&K’s constitutional position as on August 4, 2019. “Articles 370, 35-A and full statehood has been our constitutional position and the constitution of J&K, which was abolished unconstitutionally, be restored. This is our basic charter and demand,” Tarigami, who is also the spokesperson for PAGD, had said after the meeting.
Speaking to The Indian Express on Friday, Tarigami said: “There has not been a single hearing in the writ petitions filed by us in 2019. Today, we have moved a fresh petition for early hearing of those writ petitions, that are already pending in the Supreme Court.”
The petition has sought an early date for hearing of the matter, in the interest of justice.
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