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Article 35A: Nariman removed, Mehta engaged to represent J&K govt in SC
Major development
9/15/2018 10:59:26 PM
Early Times Report
JAMMU, Sept 15: Is the Narendra Modi Government toying with the idea of removing controversial Article 35-A from the statute book or at least diluting it? The answer seems to be in the affirmative.
How else should one interpret the removal of Fali S Nariman and engagement of Additional Solicitor General Tushar Mehta to represent Jammu & Kashmir Government's stand on Article 35-A in the Supreme Court?
Mehbooba Mufti Government had engaged - apart from other two Supreme Court lawyers - senior advocate Fali S Nariman to defend Article 35-A in the Supreme Court and they used to get fee of Rs 42 lakh per appearance.
The authorities reportedly removed Fali S Nariman after the appointment of new Governor Satya Pal Malik and engaged Additional Solicitor General Tushar Mehta to represent Jammu & Kashmir Government in the Supreme Court. It was Mehta who appeared in the Supreme Court on August 31 and made an unambiguous statement that "Article 35-A and certain aspects needed to be debated upon" and that "it can't be denied that there is an aspect of gender discrimination in Article 35-A".
What Mehta said was an indication that the powers-that-be at the Centre and in the state might ask the Supreme Court to declared Article 35-A null and void or urge the apex court to ensure gender equality in the state". Children of Jammu & Kashmir women married to non-state subjects cannot exercise any citizenship right in the state. They can't even acquire their mothers' immovable properties located in Jammu & Kashmir.
Reacting to the development, former Jammu & Kashmir Chief Minister Mehbooba Mufti has said that "when Article 35-A was linked to the holding of elections by Additional solicitor General Tushar Mehta, it created a worse situation out of an already bad one".
"The Governor is the Centre's man, he cannot take a call on it. The removal of Mehta from the case is a must. My government had hired the services of leading jurist Fali S Nariman. I don't know why the Centre removed him," she was also quoted as saying.
Not only Mehbooba Mufti, all other Kashmiri leaders, including Farooq Abdullah, have demanded removal of Tushar Mehta.
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