35-A

Hearing of Article 35-A case: Bar Association team leaves for New Delhi to appear before SC

Srinagar: A delegation of Kashmir High Court Bar Association (KHCBA), Srinagar left for New Delhi on Tuesday to appear before the Supreme Court of India (SC), for seeking the dismissal of all the petitions challenging the Article 35 A on 13 and 14 February.

General Secretary of HCBA, Advocate G N Shaheen said that a team of lawyers left for New Delhi to appear before the SC. He said that the team is led by Advocate Mian Qayoom.

The lawyers body said that the team members will meet in Delhi on 12th of February positively, so as to devise a strategy for defending Article 35-A, seriously and effectively, before the Court, KHCBA said.

Earlier, the state government on Monday sought the adjournment of the hearing of the case. Standing Counsel for the state of Jammu and Kashmir, Advocate on record M Shoeb Alam had submitted the application for adjournment before Registrar General of Supreme of India.

Alam in a letter said that “the state will be seeking adjournment in the matters on account that since there is presently no elected government in the state of Jammu and Kashmir and the State is under President’s Rule.”

“The present matter involves a sensitive issue regarding a challenge to Article 35-A of the Constitution of India. A short reply has been filed by the State of Jammu and Kashmir in the lead matter (We The Citizens) and notices have not been issued in the other petitions. It will therefore be requested that the matter may kindly be heard when an elected government is in place,” it reads.

Earlier in August 2018, the SC had adjourned the hearing on a bunch of petitions challenging the constitutional validity of Article 35-A till January 2019. The Jammu and Kashmir government had sought adjournment of the hearing Article 35-A in the view of upcoming local body elections in the state.

The matter was listed before a Bench of then Chief Justice Dipak Misra and Justices AM Khanwilkar and DY Chandrachud. The state government had written a letter to the Registrar of the Supreme Court on August 29.

KHCBA General Secretary further said that the team of lawyers has already made every preparation for the case and has already submitted 65 pages affidavit before the court in this regard.

Meanwhile, the Joint Resistance Leadership called for shutdown on February 13 and 14 to protest and resist the “late announcement and ambiguity over the dates of hearing on 35-A.”

JRL said that the late announcement and ambiguity over the dates of hearing of 35-A and 370 by Supreme Court on 13 or 14 of February is “worrisome, and indicates of mischief.”

(With inputs from KNS)


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