New Delhi: The Centre on Monday filed its affidavit in the Supreme Court over the abrogation of Article 370, justifying its move, saying that this was done in the interest of the nation’s security. A five-judge bench of the top court is scheduled to take up, on November 14, a bunch of petitions challenging the government’s move.
It is in response to these petitions that the affidavit was filed in the Supreme Court.
In its affidavit, the Centre rejected arguments that rules of Parliament while passing resolutions amending the article, which gave special status to Jammu and Kashmir. “The resolutions of August 5 and 6 were taken up by the two respective House of Parliament strictly in accordance with the laid down rules,” the affidavit, said to be ‘comprehensive’, states.
The Centre further argued that Article 370, along with Article 35A, which too was scrapped as part of the August 5 announcement, hindered the Valley’s development and led to a fuelling of separatist mindset, triggering militancy and terrorism from across the border, further leading to large-scale loss of lives. It added that the internal resources of Jammu and Kashmir were very limited and also said that over the years, employment opportunities to the local youths, thus aggravating the situation further.
The affidavit also stated that the situation in the Valley not just affected its citizens, but also members of the armed and police forces, many of whom were killed while on duty.
Urging the Supreme Court to reject the petitions challenging the ‘rationality and wisdom’ of the move, the Centra argued that while a judicial review was a part of the Constitutional power of the court, the decision of the President as well as Parliament, was not.
On August 5, besides abrogating Articles 370 and 35A, the government also announced splitting of Jammu and Kashmir into two separate union territories (UTs) of Jammu and Kashmir, and Ladakh, which came into effect on October 31.