x

Like our Facebook Page

   
Early Times Newspaper Jammu, Leading Newspaper Jammu
 
Breaking News :   Shiv Sena takes on BJP in Saamana editorial, draws parallel with Mohammad Ghori | Delhi air quality improves significantly, AQI settles in 'poor' category | For BJP J&K is still a "State" | Despite debacle in BDC elections, some Sangh leaders protecting inefficient BJP leadership | 3000 year old city found in Islamabad, archaeologists find traces of Hindu temple | Central Assistance Rs 38.15 Crores still unused | Investor Summit soon in J&K; 40,000 local youths to get govt jobs: Lt Guv | Will Govt appointed committee see day's light now? | Govt orders transfers, postings in administration | Detained political leaders to face prolonged detention who refuse to secure their release on bond | Transmission towers continue to jeopardize lives of thousands in union territory of JK | ED attaches properties of Hizb commanders at Pahalgam | India Post to organise philatelic exhibition to honour Gandhi | Chairman JKIS makes aware people about village life | Chairman JKIS makes aware people about village life | 66th Cooperative Week observed | Empowering Rural Women through Self-Help Groups (SHGs) | So-called bi-partisan US Congressional Hearing on J&K stands exposed | Political process set to begin | ACB registers case against Kuldeep Khajuria, ex Commissioner JMC | 'CHILDLINE Se Dosti Week' organised | Aroma-infused Fusion Cuisine Festival begins | Lucky draw organised | Federal Bank donates school desks to Blind School | Insufficient material being provided to students appearing in TI exams | Leh freezes at minus 6.7° C; rain likely in J&K, Ladakh | Pak violates ceasefire along LoC in Rajouri | In a first, newly-recruited cops in J&K take oath under Indian Constitution | Railway service nears normalcy in Kashmir, trains to run till 1500 hrs | Public transport increases in Srinagar: Officials | 950 cases of ceasefire violations along LoC between August-October | Div Com Jammu reviews land acquisition cases | IGP Jammu Zone holds review meeting for crime, law & order | PHMHS celebrates 2nd Annual cum Result Day | Azad asks Govt to befriend oppn for smooth running of RS | 8 jawans trapped under avalanche at Siachen | Lt Governor approves LAWDA's alignment for construction of Western Foreshore Road along Dal Lake | 'Map, Uniforms burnt in Rajouri School by miscreants' | Udhampur DIET hosts Role play, Folk Dance competition | NISHTHA Training concludes under Samagra Shiksha | DCC Poonch wins final of 4th Sikh Premier League | Pushap Vatika organizes fancy dress competition | VCJU releases commemorative newsletter Campus Bytes | Training on "Artificial Intelligence" begins at CUJ | Justice Rashid Ali Dar, Judge HC J&K accorded affectionate adieu | National Draughts-64 Championship organised | Shiksha Niketan organizes quiz competition | Ek Sath Rang Mandal present it's 378th Monday Theater | From next year Unani, Ayurvedic colleges to function from new campuses: Atal Dulloo | Inmates of Gujjar Bakerwal Hostel block road, hold protest | Weekly market at Lal Chowk winded up after two months | Militants flee in search operation | Pr District Sessions Judge Baramulla settles 35 years old murder case | DC Rajouri swings into action on ET report | Banihal-Srinagar train services resume after 3.5 months | One-way traffic continues on Jammu-Sgr NH; Leh, Mughal roads closed | Industry body seeks Lt Guv's intervention for release of pending payments | NPP, NSUI stage separate protests for restoration of mobile Internet in Jammu | Congress workers stage protest against PWD | AJKSKS felicitates newly elected BDC Chairman | BSS distributes 15,000 woollen cloths among needy persons, students | DDC visits border village Rathua, listens to hardship of villagers | School's land encroached, locals hold protest | Yudhvir elected as BJP Mandal Pardhan Bhadarawah | LD recommends action against Pvt companies for violation of Labour Laws | Lateral entry admission opens in JNVs | 11th class annual examination commences | Court rejects bail of co-accused of fake colonel who duped people | Training programme on Plant Tissue Culture begins at SKUAST-Jammu | SEECC reviews regularization process of incharge lecturers | JKMLA castigates new traffic rules | MPEJ flays Congress leaders for claiming development during their tenure | Social activist expresses concern over dengue menace | SKUAST employees' cricket team flagged off | AAP castigates working of United Nations | KVK Reasi promotes commercial floriculture | CVPPPL organises GATE 2020 coaching workshop | Deputy Mayor lays foundation stone for renovation of Sochalaya | RPS organizes free health check up camp | CII organized Industrial Visit to Jakson Engineers Ltd | Grameen Bank signs MoU with Piaggio vehicles | 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