Batch of Pleas in SC challenging Abrogation of 370

Batch of Pleas in SC challenging Abrogation of 370

Adv. Shakir Shabir filed petitions in SC seeking early hearing of pleas challenging the abrogation of Article 370 & reorganization of the state of Jammu & Kashmir.The pleas are pending before the SC Constitution bench since August 28th, 2019 from the time it was referred to it.

The government of India revoked the special status of the state which can also be called as limited autonomy of the state which was granted under Article- 370 of the Indian Constitution. 

Thereby Jammu & Kashmir People’s Conference had challenged the Abrogation and also that the Jammu & Kashmir (Reorganization) Act, 2019 is completely unconstitutional.

The pleas submitted before the SC says that these changes into the state has causes irreparable damage to the rights of people of state including the land ownership rights. Issues raised before the bench  says that- “Notwithstanding the foregoing, pending the final hearing of these petitions challenging the abrogation of the special status of the erstwhile State oJammu and Kashmir and the abrogation of the Constitution of Jammu & Kashmir and notwithstanding the prevailing pandemic conditions sweeping changes are being brought about by the Centre that impact the rights of a large number of people including the dilution of safeguards earlier available to the permanent residents of the erstwhile State of Jammu & Kashmir,” the application states.

Also talking about the applicability of several central laws to the UT, it gets its authority from the Act effective from August 5th & 6th, 2019, whose validity is challenged before the court.

The petitioner submitted before the court for urgent disposal of case as it has already been more than a year since the Act was passed and to restore the earlier rights of people of J&K. he also says that Act of government due to which recent changes were made like changes to land laws in UT are also therefore illegal and void ab initio.

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Swikritimala Dubey
I am Ms. Swikritimala Dubey and my aim is to help everyone who come across me with all the knowledge I have. I am a law graduate from law College Dehradun, Uttaranchal University. I wish to develop a society which has high expectation and achievements in the field of law and create a great place for learning which is of utmost importance for me.  A community of lifelong learners, responsible global citizens and champions of our own sucess is what I believe in.