Political parties from Jammu Kashmir have expressed hope in the Supreme court which has said that it would hear the petitions challenging the abrogation of Article 370 in Jammu Kashmir.
The bench said that the hearings will be held on a day-to-day basis from August 2, leaving Mondays and Fridays, which are meant for hearing miscellaneous cases by separate benches.
The bench comprising the Chief Justice of India, D.Y. Chandrachud and Justices Sanjay Kishan Kaul, Sanjiv Khanna, B.R. Gavai and Surya Kant directed the petitioners, respondents and the interveners to file all documents, compilations and written submissions by July 27.
Supreme Court also disregard Central govt’s fresh affidavit about the end of militancy, decline of violence in Jammu Kashmir post abrogation.
Mehbooba Mufti responding to court’s disregard of centre’s fresh affidavit said, “Hon’ble SCs decision to not rely on GOIs affidavit vindicates that it doesn’t have a logical explanation to justify illegal abrogation of Article 370,”
Having said that there are legitimate apprehensions about why SC has taken up the Article 370 with such alacrity after their visit to Kashmir. After remaining silent for four years the decision to hear the case on a daily basis does evoke misgivings. Hope the constitution of this country by which judiciary swears is not sacrificed at the altar of power to satisfy collective conscience of people who know little about the matter, she added.
Omar Abdullah, the vice president of Jammu Kashmir National Conference said, “These are definitely political arguments the BJP/Union Govt can make to sell their decision to the voter, but they are not legal arguments. The entire case in the SC is about the illegality & unconstitutionality of what was done on 5th Aug 2019, not whether the Govt has a strong enough political case.”
What happened with Jammu and Kashmir was wrong and we are hoping that the Supreme Court will give us the answer to this, he added.
“It is a welcome step that Supreme Court is hearing petitions challenging Article-370 which was nullified unilaterally on August 05, 2019. I want to clarify Kashmir was not a factory of militancy. Before 1990 it was quite peaceful. When entire sub-continent was bleeding the Kashmir region was calm. But unfortunately, the situation changed due to wrong policies of the government, ” CPI(M) leader & former MLA Kulgam expressed.
Jammu Kashmir People’s Conference Chairman said that the affidavit submitted by the central Government is about the situation post abrogation not about the legality of the decision made on August 05, 2019.
“What will eventually be discussed in the court is the legal pathway to abrogation not the so called perceived political or law and order benefits post abrogation. Whether abrogation of Article 370 is good or bad for J and K is not what the Apex court has to decide. They have to decide whether it was good or bad in law. Article 370 has been slandered, defamed beyond recognition. The reality as it exists is that Article 370 is a form of federalism, a power sharing arrangement,” Sajad Lone said.
Agha Ruhulla Mehdi, former legislator of Jammu Kashmir tweeted, “Those ‘hartals’ by them were for secession, 370 is an Art for Accession. By abrogating the Art 370 unconstitutionally, the BJP has not done away with the argument for secession, for those who wanted it, it has weakened the argument for the accession and the faith in democracy.”