x

Like our Facebook Page

   
Early Times Newspaper Jammu, Leading Newspaper Jammu
 
Breaking News :   Will Muzaffar Beigh bring Altaf Bukhari back into PDP fold? | Kashmir centric parties at blind alley | State Agricultural Universities exhibit apathy in maintaining research database | Decade on, artificial lake in Jammu far from reality, to miss another deadline | Major goof up in construction of flats at Muthi by JDA | ADGP promotes 38 police constables | Ladakh braces for its own full-fledged police force | DC Reasi constitutes team against encroachment | Nexus between Hospitals Admin and Private Pharmacies failed Jan AushidhiYojna’s | Mayor tours in the old Jammu city areas | COE JU chairs meeting of Principals | Ganesh Mandir Prabandak Samiti holds meet | Need to Blend Ancient Philosphy , Modern Science for Upliftment of Humanity-JUVC | Tree Talk Crusader holds interaction programme | DPS organizes English Recitation Competition for pre-nursery class | Jodhamal team shines at formula 1 for Schools | Interaction organised on BasantPanchmi | Motherland Public School celebrates Annual Day | Stephens college conducts oath ceremony | Model Training Course concludes | Roshan Lal memorial Volleyball tournament from February 3 | MV Intl’ School named in top 10 schools of 2019 | 16th National Mountain Bike Championship: JKCA to conduct trial on February | JSS commemorates in-house MUN | MLZS celebrates Vasant Panchami | Inter Panchayat Sport Competitions Organised | Beating Retreat ceremony held in Jammu | ASSOCHAM delegation called on Secretary Industries | Div Com inspects development works at Bagh-e-Bahu | CBI raids J-K Grameen Bank in Kupwara | S AC approves upgradation of 13 Municipal Committees to Municipal Councils with creation of staff | Omar’s grey beard fails to invoke sympathy in Kashmir | Prez issues warrants for appointment of Rajneesh Oswal as Judge | J-K administration orders screening at airports amid coronavirus outbreak | Army airlifts above 100 stranded civilians from Gurez | Body of missing youth found from bunker, family blame police for inaction | MC fails to take speedy action | DC Srinagar reviews digitisation of revenue records | No takers for elderly, abandoned citizens | Kashmir highway reopens, only stranded vehicles allowed towards Srinagar | Panchayat members get all sops in JK | Execution of works of ULBs through PW(R&B) Department to fast pace development | J&K hit by low-intensity earthquake | NIA DG reviews Davinder Singh’s case in Jammu | J&K PCB organizes awareness camp | Special Handloom Expo 2019-20 concludes at Kala Kendra | Panchmi Mahotsav organised at Devsthan Mathwar Basant | Weaker sections are bearing brunt of BJP’s anti-poor policies: Bhalla | PLS organises literary function | Productivity Enhancement Programme begins at GCOE | TIC hosts symposium contest on ‘Conservation of water’ at GHSS Marta | Citizen Forum expresses concerns over health issues of school children | Training for elected women representatives held | United Class-IV Forum submits memorandum to Comm Secy School Education | Samba administration organizes debate cum symposium competition under BBBP Scheme | BJP questions protest held by refugees’ leaders | DLL organises Gender Sensitization workshop in Fatehpur Brahmana Panchayat | Dr Bachha Babu bereaved | SCC honors Padam Shri Awardee Shiv Nirmohi | JMC Commissioner interacts with animal welfare activists | NHM employees appeal LG for regularization | JKNPP appoints office bearers | JKNPP to kick start 'Public Outreach Programme' from January 31 | JCCI president calls on PC Income Tax | Thapa awarded President Police medal for meritorious services | Annual business meet organised | Balwant Thakur to start fortnight visit of India from February 2 | Dr Shyam selected as executive member of TMS | PM Modi on Global Potato summit | Controversial Association | FC Health chairs maiden Apex Committee meeting of HIMAYAT scheme | Public grievances being redressed systematically: Advisor Sharma | Implement Marriage Scheme for girls in letter & spirit: HC to Govt | DC reviews CAPEX budget 2019-20 | HC stays appointment of Vivek Sharma as Director Animal Husbandry | Court awards 3 years imprisonment in attempt to kidnapping case | HC grants Govt 6 weeks of reviving Consumer Commission, District Forum | Dealer , tanker driver held for black marketing of Kerosene oil | DDC convenes SWM meeting | Five ‘misguided’ youth reunited with families | People fear spread of epidemic as Mendhar town is stinking | 6,000 acres of land identified in J&K for investors | Police hold naka 03 vehicles seized, 08 challaned | Traffic SPO killed in road accident | Lok Adalat held in Udhampur | Two Held With Heroin | Sun plays hide & seek after early morning rain, snow in Kashmir | Clearance operations to reconnect cutoff remote areas halted due to snowfall | Fresh snowfall in Srinagar disrupts normal life | Back Issues  
 
news details
HC adjourns hearing on plea challenging J&K bifurcation
8/23/2019 11:13:20 PM
Early Times Report
Jammu, Aug 23: The Jammu and Kashmir High Court on Friday adjourned the hearing on a writ petition challenging bifurcation of J&K State into two Union Territories after it found that it was not accompanied by a copy of the J&K Reorganization Act, 2019. The plea has now been adjourned for September 4.
When the petition came up for hearing, Justice Rajesh Bindal found that the petition is defective as the petitioner Advocate Shams Khawaja has not placed on record copy of the Act challenged by him. As the petitioner sought time to remove the defect, the court adjourned the matter for next month.
Khawaja, a Delhi based advocate, has sought court's direction holding the J&K Reorganization Act, 2019, bifurcating the Jammu and Kashmir State into two Union Territories as ultra vires of the provisions of the Indian Constitution. In the alternative, the court shall direct grant of full and complete statehood to Jammu and restoration of constitutional special provisions to them as existing previously, he prayed.
The petition submits that the said Act violates the Constitutional paradigm in terms of procedure, substantive law and jurisprudence as well. It violates Indian Constitution's Article 3, undermines the mandate inherent in Article 2 and sabotages the Federal Structuring that is a salient feature and basic to the structure of the Constitution itself, the petition pointed out. The said legislation disregards the Framer's Intent, manifestly, it said, adding that the Government of India by enacting the Act have exceeded its competent jurisdiction.
Accusing respondents of being very unfair to the Jammu region, the petition pointed out that this is nowhere to suggest that Kashmir or Ladakh regions have been treated duly.
In this context, the petition pointed to the "Statement of Reasons and Objects" of the legislation, saying the parameters noted for mooring it are sparsely populated in a given territory unit such as Ladakh, the impact of strife in given regions and respective regions having international borders with not very harmonious quarters. Furthermore, the realization of the right to self-determination was also taken cognizance of and acted upon by the respondents selectively, it added.
The right to self-determination is the spring of all democratic thoughts and processes, the petitioner submitted. This right has been very substantially realized though not in full measure to the favour of people of Ladakh, it pointed out, adding that he has little grievance on that count.
However, the people of Jammu are the ones who have been refused realization of the same, not to speak of the oppressed people of Kashmir, the petitioner submitted. It is the duty of the government of the day to provide good governance to the people of the land and further that it is the democratic right of the people to determine their prospects themselves - from policies of their state to implementation priorities and methodology etc., the petition added.
By not granting separate, independent of any other region 'statehood', they have belied a long-standing lawful expectation of the people of Jammu, it said, describing the entire exercise of enactment of Jammu and Kashmir Reorganization Act, 2019 (and its implementation) discriminatory to the people of Jammu and their rights under Article 14 of the Indian Constitution which provides for equality of all people before law.
  Share This News with Your Friends on Social Network  
  Comment on this Story  
 
 
 
Early Times Android App
STOCK UPDATE
  
BSE Sensex
NSE Nifty
 
CRICKET UPDATE
 
 
 
 
 
 
 
 
   
Home About Us Top Stories Local News National News Sports News Opinion Editorial ET Cetra Advertise with Us ET E-paper
 
 
J&K RELATED WEBSITES
J&K Govt. Official website
Jammu Kashmir Tourism
JKTDC
Mata Vaishnodevi Shrine Board
Shri Amarnath Ji Shrine Board
Shri Shiv Khori Shrine Board
UTILITY
Train Enquiry
IRCTC
Matavaishnodevi
BSNL
Jammu Kashmir Bank
State Bank of India
PUBLIC INTEREST
Passport Department
Income Tax Department
JK CAMPA
JK GAD
IT Education
Web Site Design Services
EDUCATION
Jammu University
Jammu University Results
JKBOSE
Kashmir University
IGNOU Jammu Center
SMVDU