x

Like our Facebook Page

   
Early Times Newspaper Jammu, Leading Newspaper Jammu
 
Breaking News :   India's coronavirus COVID-19 tally reaches 63,12,584, recoveries nearly 53 lakh: Health Ministry | Discrimination in Covid-19 funding suffocates Jammu! | New Pension Scheme a flop show? | Tehsildar Pouni hand in glove with powerful man who has devastated agriculture land | COVID-19: Unreliable RAT proving to be cruel joke | Cong student wing at crossroads in J&K | 2 Agri officers suspended for running Crypto Currency business in Dubai | Recoveries continue to outnumber fresh cases of COVID-19 in JK; 1355 more people recover | Ladakh reports 43 fresh COVID-19 cases | Except two districts, ban on 4G internet services to continue across UT till 21st October: Govt | Govt directs to expedite construction work on Zojila Tunnel | Re-opening guidelines out; multiplexes, swimming pools to partially open from October 15 | Guidelines on lockdown measures in J&K to continue till October 8 | Home Guards demand regularization, fixation of salary | Agriculture Deptt accords send off to its retiring employee | Rajouri DLCW hosts awareness event on Women centric schemes, laws | Online poetry recitation completion organized | BJP holds Webinar on Aatmnirbhar Bharat | Farms Bills: DCC Rural flays Modi Govt for exploiting farmers | Founder SPS calls on Div Com Jammu | JKTA Called on Director Samagra regarding IMPACT Training | NDA leaders joined UDA | BJP enslaved farmers under corporate sector: DYC President | Deputation off DKOA calls on Ravinder Kumar | GMC&H Admn doing best to cater patients’ flow amid Covid scare: RDA | Sukhnandan to launch campaign in support of farm bills | Zone Gandhi Nagar lifts U/17 yrs boys cricket final title | Abdul Samad’s IPL debut a proud moment for J&K: Khan, Omar | Poonch Zone wins Inter Zone Taekwondo Trophy | Centre Government should withdraw anti farmer bills : AAP | JKSC organises Fit India Run for Freedom | Raman Suri appeals LG for safe conduct of UPSC CSE Prelims | Various activities organised to celebrate Gandhi’s Birth Anniversary | DSEJ organises Prize distribution function for winners of Yoga Competition | Administrative Secretary listens to public issues at Batote | DDC Poonch flags off ‘Fit India Freedom Run’ | ADC Kishtwar flags off 1.5 KM ‘fit India freedom Run’ | FC Arun Mehta e-inaugurates J&K Bank Special Desks for youth, women entrepreneurs | Crime Branch Jammu registers case for cheating, forgery | Senior Assistant suspended | LG asks public representatives, political leaders to be voice of people | Nana Tufchi accorded an affectionate adieu | Pak army resorts to heavy shelling along LoC in Poonch | Chief Secretary reviews Durbar Move preparations | Munish Gupta asks Government to step in & solve problems of residents | Ball in GoI’s court | WHAT CONCERNS THE FOOD GIVERS (ANNDATA) | Will Xi Jinping Relent | Unabated atrocities against Dalit, poor sections intolerable: Harsh | Advisor Sharma urges people to take full benefit of B2V3 program | RDD Jammu organizes training for Visiting Officers | AJKPC seeks PRIs empowerment, implementation of 73rd Amendment | Locals hopes for boost in business, employment with new tourist huts in Udhampur | J&K Samagra Shiksha, NCERT capacity building in over 34,000 ReTs | JKSC demands relief as per JPC report, registration of property claims | JMC assigns 150 autos for door-to-door garbage collection | Plus-2 Association discuss demands | Package for promotion of Sanskrit demanded | Court rejects bail of OGW | Court seeks personal appearance of SHO Kishtwar | 211 languishing projects worth more than Rs 390 crores completed by PWD from 2019 | B2V -3; a march towards building public trust, people’s relationship with Govt : Baseer Khan | Dr Jitendra e-inaugurates PMGSY roads, bridges in J&K | Govt to liquidate power liabilities through Atma Nirbhar Bharat Abhiyan | Back Issues  
 
news details
HC dismisses petition challenging J&K State Reorganization Act
9/11/2019 11:08:03 PM
Early Times Report
SRINAGAR, Sept 11: Justice Ali Mohammad Magrey dismissed petition seeking quashment of J&K State Reorganization Act 2019.
In the petition filed by Abdul Gani Bhat seeking quashment of J&K State Reorganization Act recently passed by the Indian Parliament, bisecting the State into two Union Territories-may be declared as without jurisdiction, non-existent in law and also seeking direction to respondents not to interfere with the autonomy of the State in matters other than the three ceded to the Indian Union.
The petitioner also submitted that the uncalled for curfew and restrictions may be got removed from Kashmir as detailed in the head note, forthwith, so that people are able to live and enjoy their lives, undisturbed and peacefully, without fear.
It is further submitted in the petition that the people of Kashmir may be compensated appropriately for their illegal confinement in their homes, and snatching their cherished liberties, which are the most precious and crowing of fundamental rights of the people, as held by the Supreme Court of India though its umpteen judgments, by clamping curfew and restrictions, from August 5, 2019 till date and the Respondents may be directed to come out with the reasons for imprisoning I keeping under house arrest, the political leaders and others of Kashmir and of its adjoining districts.
Justice Ali Mohmmad Magrey after hearing petitioner in person whereas ASGI Tahir Majid Shamsi for the Union of India observed that it is seen from the record of the petition that on its presentation, the Registry of the Court on 16.08.2019 reported that the writ petition was defective in as much as copy of the Act impugned by the petitioner in the petition had not been appended with the petition. In this connection, a notice was issued to him by the Registry on 19.08.2019 pointing out to him the deficiency and requiring him to remove the same in terms of Rule 88(1) of the J&K High Court Rules, 1999. The record further depicts that copy of the above notice was duly received by the petitioner on the same day, but he has not removed the deficiency till date. Not only that, none of the orders, Acts or laws spoken of in prayer clause (iii) of the petition by the petitioner, as quoted above, which he seeks to be quashed, have been specified by him, nor have copies thereof been placed on record of the petition. It hardly needs a mention here that the requirement of law is that something that is challenged in a petition must be placed before the Court and on record of the petition, as its annexure.
Justice Magrey observed that given the said factual scenario, since the Apex Court is seized of the issues raised before this Court in this petition in the various writ petitions pending before it, as enumerated above, this Court cannot entertain this petition and proceed to hear it. However, there are two options available to this Court: first being to adjourn this petition and to wait for the final decision of the Supreme Court in the above writ petitions; and the second is to dispose of this writ petition, leaving the petitioner free to approach the Supreme Court to file a separate writ petition there or to seek intervention in the writ petitions pending before the Supreme Court, to put across his point based on his perceptions of law and facts.
—JNF
  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