Article 35A: SC Hearing Deferred Till 19 January
A three-judge bench of the Supreme Court will hear a fresh petition filed by lawyer and BJP Leader Ashwini Upadhyay.
The Supreme Court has deferred the hearing on Article 35A of the Constitution, with the next hearing now scheduled to be on 19 January, apex court advocate Varun Kumar said on Friday, 31 August.
As the Supreme Court began hearing a batch of petitions challenging the constitutional validity of Article 35A on Friday, the Centre argued before the court that the hearing should be postponed till Panchayat elections are over as there may be law and order problems in the state. The court then agreed that it would hear the petitions after the elections are over, advocate DK Dubey told the media.
A three-judge bench, comprising of Chief Justice Dipak Misra and Justices AM Khanwilkar and DY Chandrachud, has been hearing the petitions challenging the constitutional validity of Article 35A, which empowers the Jammu and Kashmir assembly to define "permanent residents" for bestowing special rights and privileges to them.
- A shutdown was observed in parts of J&K a day before the SC hearing on 31 August
- Earlier, CJI Misra had observed that SC has to consider whether Article 35A goes against the basic structure of the Constitution
- A Delhi-based NGO had filed a plea challenging the validity of 35A, terming it ‘discriminatory’
J&K National Conference to Boycott Panchayat Elections Unless Centre Clarifies Stance on 35A
The J&K National Conference will boycott the upcoming panchayat and urban local body elections unless the Centre clarifies its stand on Article 35A, NC President Farooq Abdullah said today.
“The National Conference will not participate in the elections unless and until the Central and the State governments clarify their position and take effective steps for the protection of Article 35A” National Conference president Farooq Abdullah said on Wednesday, 5 September.
SC Defers Hearing on Article 35A Till January
The Supreme Court has deferred the hearing on Article 35A of the Constitution, with the next hearing now scheduled to be on 19 January, apex court advocate Varun Kumar said on Friday, 31 August.
As the Supreme Court began hearing a batch of petitions challenging the constitutional validity of Article 35A on Friday, the Centre argued before the court that the hearing should be postponed till Panchayat elections are over as there may be law and order problems in the state.
Attorney General KK Venugopal and the state reportedly told the court about the sensitivity of the issue and that a debate on it would affect the law and order situation in J&K.
The court then agreed that it would hear the petitions after the elections are over, advocate DK Dubey told the media.
12 Injured in Clashes in Kashmir
Clashes broke out between protestors and security forces in Kashmir as many parts of the valley observed a spontaneous shutdown following "rumours" about scrapping of Article 35-A, police said.
At least 12 people were injured today in the clashes, they said.
Article 35-A, which grants special rights and privileges to the people of Jammu and Kashmir, is currently facing a legal challenge in the Supreme Court.
SC Adjourns Hearing on Fresh Plea Against Article 35a
The Supreme Court today adjourned its hearing on a fresh plea challenging the constitutional validity of Article 35-A, which empowers the Jammu and Kashmir assembly to define "permanent residents" for bestowing special rights and privileges to them.
A bench of Chief Justice Dipak Misra and Justices A M Khanwilkar and D Y Chandrachud did not take up the matter as the petitioner had circulated a letter in the apex court registry seeking adjournment of hearing on the plea.
Lawyer and Delhi BJP leader Ashwini Upadhyay, in a fresh plea, had sought a direction to the central and state governments to declare Article 35A of the Constitution as "arbitrary" on the ground that it was contrary to fundamental rights like the right to equality, dignity of women, freedom of speech and expression and the right to life and personal liberty
Rumours Around Article 35-A Hearing Trigger Protests, Shutdown in Kashmir Valley
Amid rumours that petitions challenging the constitutional validity of Article 35-A are set to be heard on Monday, 27 August, clashes and a spontaneous shutdown were reported from several parts of the Kashmir valley. The situation only eased up after the Jammu and Kashmir Police termed the news of article 35A being scrapped as fake.
SC to Hear Fresh Pleas in Article 35A
Supreme Court will hear the plea filed by lawyer and BJP leader Ashwini Upadhyay against Article 35A. The main hearing in the case is likely to be heard on 31 August.
Interim Relief for J&K People: Mehbooba Mufti
After SC deferred the matter, former J&K chief minister Mehbooba Mufti said the adjournment has “brought interim relief to the people of JK”.
Article 35A Is Tacit Acceptance That J&K’s Future Lies Within Constitution of India: Omar Abdullah
Following the Supreme Court’s adjournment on the matter, former chief minister Omar Abdullah took to Twitter, stating that Kashmir’s shutdown in support of Article 35A was a “tacit acceptance” that the state’s future lay within the realm of the Constitution.
SC Adjourns Article 35A Hearing
The Supreme court bench, headed by CJI Dipak Misra, adjourned hearing the petitions challenging the validity of Article 35A, listing it for 27 August, when a three-judge bench would determine if the matter needed to be referred to a 5-judge bench.
The CJI deferred the case since one of the judges, Justice Chandrachud was absent from the court today.
The J&K government had also sought an adjournment to the matter till December, owing to preparations for the upcoming local polls in the state.
Total Shutdown of Shops and Transport
Ahead of the hearing, there is a total shutdown of shops, markets and public transport in J&K, although some private LMVs are plying. There haven’t been any clashes or demonstrations so far.
Ahead of Hearing, J&K Govt Seeks Dismissal of Petition
The Jammu and Kashmir government filed an affidavit with the Supreme Court seeking a dismissal of the petition, while also raising questions on the “bona fides” of the petitioner.
The affidavit, accessed by Live Law, reportedly said that the NGO “We the Citizens” was a “busybody, a meddlesome interloper, who has filed the instant petition seeking publicity”.
Two-Day Shutdown in J&K Over 35A Row, Amarnath Yatra Suspended
Authorities on Sunday, 5 August, decided to temporarily suspend the ongoing Amarnath Yatra from Jammu to the cave shrine in the Kashmir Valley for two days due to the separatist-called protest shutdown.
According to the police, no pilgrim was allowed to move from the Bhagwati Nagar Yatri Niwas.
However, pilgrims camped at the Baltal and Pahalgam base camps in the Kashmir Valley will continue to perform the Yatra, officials said.
Adverse Order on 35A Might Trigger Revolt Among J&K Police: Intel
Intelligence agencies have warned of the possibility of a “revolt” among Jammu and Kashmir’s security forces if the Supreme Court passes an “adverse” order on 35A, NDTV reported, quoting sources.
A Delhi-based NGO – We the Citizens – had filed a petition arguing the “unconstitutionality” of Article 35A, terming it discriminatory in nature, as it was meant to be only a temporary provision.
Yasin Malik Leads Protest in Support of Article 35A
Jammu and Kashmir Liberation Front (JKlF) chairman Muhammad Yasin Malik on Friday, 3 August, led a peaceful protest march here in support of Article 35A which has been challenged in the Supreme Court.
After the congressional Friday prayers at a mosque near the Residency Road, Malik led a protest march to defend Article 35A.
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