35-A

Article 35-A row: SC adjourns fresh petition hearing after petitioner moves adjournment letter

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Petitioner Ashwani Upadhyay, a BJP leader and lawyer

The Supreme Court adjourned the fresh petition which challenged Article 35-A after an adjournment request was placed by the petitioner, Ashwani Upadhyay, a BJP leader and lawyer.

The court adjourned the hearing after an adjournment letter was moved by Ashwani.

The petitions against the Article 35-A of the Indian Constitution might be heard by the Supreme Court of India after August 30 as there is no mention of the petitions in the regular list of the apex court till the end of this month.

According to a report in the Greater Kashmir, the regular cause list of the apex court makes no mention of Article 35-A for hearing. However, sources said that it might be taken up subsequently in the supplementary list.

Earlier, The Supreme Court of India had adjourned the hearing of the petitions till last week of August.

These petitions challenge the validity of the Article 35-A that empowers the Jammu and Kashmir Constitution to define “permanent residents” of the state and provide special rights to them. Article 35A bars outsiders from buying immovable property in the state.

A non-governmental organisation, We the Citizens, filed a petitioned in the apex Court in 2014 to abolish the law on the grounds that it was “unconstitutional”.

To protest the tinkering with the law, the Joint Resistance Leadership has called for a state wide shutdown on 25, 26 August and has got the support of the civil society as well as the business community of the valley. There are apprehensions, amongst sections of Kashmiris, that if the law is repealed or diluted, outsiders would be settled in Jammu and Kashmir.

On Saturday, the Supreme Court of India also deferred the hearing of a plea against the Article 370  citing that there are more important issues lined up in the Court.

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