New Delhi: Almost a month ago, CJI DY Chandrachud-led bench of the Supreme Court of India delivered its verdict in the Article 370 Case and upheld the government’s decision of abrogating Article 370 of the Constitution which conferred special status of Jammu and Kashmir. Now, in a latest update, petitions seeking a review of the verdict, have been filed in the apex court, by the President of J&K People’s Movement, President of J&K Awami National Conference and a few other leaders.
As mentioned earlier, review petitions have been filed in the apex court seeking review of its judgement which upheld the validity of the Union Government’s 2019 decision to abrogate Article 370 of the Constitution, which conferred the special status of Jammu and Kashmir. The petitions have been filed with multiple leaders, including the president of J&K People’s Movement and J&K Awami National Conference.
Doctor Hussain, president of the J&K People’s Movement and Muzzafar Shah, president of the J&K Awami National Conference, told ANI that they have filed review petitions in the apex court. “Article 370 cannot be killed. We have filed a review petition against the SC’s judgement on Article 370. We will debate it in court,” Muzzafar Shah told ANI. Mohammed Yousuf Tarigami of CPI (M), the National Conference, Advocate Muzzafar Iqbal and the PDP have also filed review petitions.
The Supreme Court of India delivered its verdict in the batch of petitions filed against the Abrogation of Article 370 in Jammu and Kashmir on December 11, 2023. The apex court upheld the Abrogation of Article 370 of the Constitution of India and CJI DY Chandrachud said that the court stands by the fact that Article 370 is a ‘temporary provision’ and that all provisions of the Constitution are applicable on Jammu and Kashmir. The five-judge bench included Justice Sanjay Kishan Kaul, Justice Sanjiv Khanna, Justice BR Gavai and Justice Surya Kant apart from CJI DY Chandrachud.
The apex court had said Article 370 was enacted due to wartime conditions in the state and was meant to serve a transitional purpose. The petitioners, challenging the abrogation of Article 370, had said that Article 370 was no longer a “temporary provision” and that it had assumed permanence post the dissolution of the Constituent Assembly of Jammu and Kashmir.
The top court held that the State of Jammu and Kashmir did not retain an element of sovereignty when it joined the Union of India. The apex court said that although Maharaja Hari Singh, the erstwhile ruler of the princely state, proclaimed that he would retain his sovereignty, his successor Karan Singh issued another proclamation that the Indian Constitution would prevail over all other laws in the state.
(Inputs from ANI)
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