CPI(M) leader moves SC for early hearing of petition challenging abrogation of Article 370
Aug 28, 2021
New Delhi [India], August 28 : Senior CPI(M) leader MY Tarigami has approached the Supreme Court of India urging it for early hearing of his petition challenging the abrogation of Article 370 and bifurcation of the erstwhile state of Jammu and Kashmir into two Union territories.
Tarigami, who had challenged the abrogation and the Jammu and Kashmir (Reorganisation) Act, 2019 (The Reorganisation Act) as being unconstitutional, sought an early hearing of the case saying sweeping changes are being brought about by the Centre that impact the rights of a large number of people.
Tarigami said despite the fact that the petition is pending before the Supreme Court since 2019, the central government has taken some "irreversible actions".
He said the Centre has constituted a delimitation commission to mark boundaries in the territory for all the constituencies before an assembly election can be held.
The plea listing out the changes made by the Central government said it made amendment of the Jammu and Kashmir Development Act allowing persons who are not permanent residents buy land in Jammu and Kashmir if it is not agricultural land.
The plea said it has closed down 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 CPI(M) leader said his plea ought to be heard on an expedited basis otherwise the petition itself would be rendered infructuous in view of the irreversible actions of the government.
On August 5, 2019, the Central government announced its decision to revoke the special status of Jammu and Kashmir granted under Article 370 and split the region into two Union territories.
A five-judge Bench in March 2020 had declined to refer to a larger 7-judge bench a batch of petitions challenging the constitutional validity of the Centre's decision to abrogate provisions of Article 370 on August 5 last year, saying there were no reasons to refer the matter to a larger bench.
A number of petitions have been filed in the top court including those of private individuals, lawyers, activists and politicians and political parties challenging the Jammu and Kashmir Reorganisation Act, 2019, which splits Jammu and Kashmir into two Union Territories -- Jammu and Kashmir, and Ladakh.
