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Thursday, December 8, 2022

Gupkar Alliance leader moves India’s Supreme Court, seeks early hearing of Article 370 petition

Gupkar Alliance spokesperson and senior CPI(M) leader M Y Tarigami on Friday filed a plea in India’s Supreme Court seeking early hearing of the petition challenging the constitutional validity of New Delhi’s decision to revoke the special status of Jammu and Kashmir.

In his petition, Tarigami, who has represented Kulgam as a lawmaker, said despite the fact that the challenge to the constitutional validity of orders on August 5, 2019 as well as the J-K (Reorganisation) Act, 2019 is pending before the Supreme Court, the Indian government has taken some irreversible actions.

He said New Delhi has constituted a Delimitation Commission to mark boundaries in the territory for all the constituencies before an assembly election can be held.

Amendment of the Jammu and Kashmir Development Act allowing persons who are not permanent residents to buy land in Jammu and Kashmir if it is not an agricultural land. Closing down of institutions such as the J-K State Women”s Commission, J-K State Accountability Commission, J-K State Consumer Protection Commission and J-K State Human Rights Commission,†the petition said, listing out some decisions by the Centre.

The petitioner said in view of the aforesaid actions being taken by the central government, it is submitted that the challenge to the constitutional validity ought to be heard on an expedited basis otherwise the petition itself would be rendered infructuous in view of the irreversible actions of the respondents and the applicant would be rendered remediless.

The CPI(M) leader said if the matters were not heard urgently, grave injustice will be caused to the applicant.

In such view of the matter, the applicant herein is seeking an early hearing of said writ petition, he said.

In view of the above facts and circumstances this Hon”ble Court may have kind indulgence to direct the respondents accordingly, in the interest of justice, otherwise the Applicant will be put to irreparable loss, injury and hardships, the petition said.

Tarigami submitted that the court may be pleased to list his writ petition (Civil) no. 1210 of 2019 on an early date, in the interest of justice and pass such other order or further orders as the Court may deem fit and proper in the circumstances of the case.

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