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Article 370: Development which government says took place post Aug 5 will have no impact on constitutional challenge: CJI

On day 13, the Central Government began its arguments in the Supreme Court highlighting the “developmental” work that took place in Jammu Kashmir post August 5, 2019.

The Supreme Court is presently hearing a bunch of petitions challenging the unliteral abrogation of Article 370 on August 05, 2019.

The Solicitor General of India, Tushar Mehta said that in 2022, 1.88 crores tourist visited. The main industry was tourism. “Many new industries are also coming to Jammu Kashmir,” said the SG, who is representing the central Government.

“Policing alone can’t do it, several initiatives are introduced…out of 53 projects under the Prime minister development package, worth 58477 crores, out of 53, 32 are completed,” the court was informed by the centre through the Solicitor General.

He also said that the Government is not giving any timeline for the restoration of statehood, but its ready for elections in the region. “The government is ready for elections. It is for the Election Commission of India and Election Commission of Jammu Kashmir to take the call. Updating of the voter’s list is complete. Some part is missing it’s in the process. It’ll be over soon,” the SG said.

Kapil Sibal intervened upon this and said that he just wants to make sure that the judges were taking into account these facts. “That is relevant from our point of view. Because if your lords had said earlier that subsequent facts would be taken into account,” he argued.

The central Government had earlier said that the following the abrogation of Article 370, there were no shutdowns in the Kashmir valley to which Advocate Sibal responded, “If you have 5000 people under house arrest and 144 throughout the state, there can be no bandh! My request is please don’t enter into arena because we would have to counter it with all kinds of facts.”

The Chief Justice of India said that the developmental activity that the Government says has taken place in Jammu Kashmir may not be of relevance to your constitutional challenge and therefore, what they respond to constitutional challenge, that has to be dealt with independently.

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