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| Hearing on Art 35 (A) in Supreme Court today; State Govt yet to open its cards | | | ET Report
Jammu, Nov 2: "We The Citizen"-NGO which had challenged Article 35 (A) of the Indian Constitution in the Apex Court, is hopeful that Supreme Court will abolish this "unconstitutional" Act with one stroke in the first hearing.
November 3 is the day of hearing on the PIL filed by "We The Citizen" in the Supreme Court so Tuesday is very crucial day for the State of J&K. The PIL challenging Article 35 (A) was filed in the month of August 2014 but neither State nor Central Governments responded to the petition.
The Supreme Court had set a fresh deadline of November 3, 2015 to the J&K State to respond to a petition of the NGO, challenging Article 35(A) of the Indian Constitution before the Apex Court.
The State Government had been given the fresh deadline of November 3 to give its response even though the case was still at the registry stage.
The petition was filed by We the Citizens, a Delhi-based NGO registered as a society, through its president, Sandeep Kulkarni, in 2014.
Subsequently, notices were issued to the respondents, including the J&K Government and the Union Government, to file their response before the petition was admitted.
The petition had come up before a bench of Justice HL Dattu and SA Bobde in August 2014, but since then, both J&K and the Union Governments have delayed filing response to the PIL, thus avoiding to take a public stand on the petition, which challenges the validity of Article 35(A).
Lt General (Retd) PK Hoon, who is advisor of the "We The Citizen" had termed Article 35(A) as unconstitutional and had hoped that this Act would be abolished by the Supreme Court.
Sandeep Kulkarni is confident that they were going to win the legal battle because their case was legally very strong. He said that We The Citizen had filed PIL after going through all aspects of this Act. He said that it was only a question of time when this Act will be abolished because there was no question to allow this unconstitutional Act to continue.
Kulkarni had made it clear in Jammu on October 26 this year that their organisation has nothing to do with BJP or RSS.
Article 35(A) is considered an outgrowth powered by Article 370 of the Constitution. It bars non-residents of J&K from buying land or property in the State.
However, both Article 370 and 35(A) of the Constitution are resented by some organisations.
The issue is likely to flare up more trouble for the embattled Chief Minister Mufti Mohammad Sayeed with the opposition political parties including National Conference and Congress as well as the Hurriyat warning of "dire consequences" if any attempt is made to weaken Article 35(A). |
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