Srinagar, Aug 27 (GNS): CPI (M) leader Mohammad Yousuf Tarigami on Friday filed an application in the Supreme Court, seeking early hearing of the plea filed by him in which challenge has been thrown to constitutional validity of the Centre’s decision to revoke. Article 370 on 5 August 2019.
He said Jammu and Kashmir (Reorganization) Act, 2019 officially came into force on 09.08.2019 whereby the existing state of Jammu & Kashmir has been bifurcated into two Union-Territories – the Union Territory of Jammu & Kashmir with a Legislative Assembly, and the Union Territory of Ladakh without a Legislative Assembly. Presidential Order CO 272 dated 05.08.2019, Declaration CO 273 dated 06.08.2019 and Jammu & Kashmir (Reorganization) Act, 2019 passed by the Parliament on 05.08.2019 are unconstitutional and violative of Applicant’s fundamental rights under Article 14 and 21 of the Constitution of India. ”
In his application, Tarigami says that despite the fact that the challenge to the constitutional validity of orders by the government of India on August 5, 2019 as well as the JK (Reorganization) Act, 2019 is pending before the Apex Court, the central government has taken some “irreversible actions”.
Among them, Tarigami, who is also the spokesman of PAGD said, a Delimitation Commission has been constituted to mark boundaries in the territory for all the constituencies before an assembly election can be held.
Tarigami said amendment of the Jammu and Kashmir Development Act has been ordered to allow persons who are not permanent residents to buy land in Jammu and Kashmir if it is not an agricultural land. ”
The government, he said, has close down institutions such as the J&K State Women’s Commission, J&K State Accountability Commission, J&K State Consumer Protection Commission and J&K State Human Rights Commission.
“In view of the aforesaid actions being taken by the Central Government, it is submitted that the challenge to the constitutional validity ought to be heard on an expedited basis otherwise the petition itself would be rendered infructuous in view of the irreversible actions of the Respondents and The Applicant would be rendered remediless, ”he said as per GNS.
He submitted in the plea that if the matters are not heard urgently, “grave injustice” will be caused to the Applicant.
“In such a view or the matter, the applicant herein is seeking an early hearing of said writ petition,” he said and sought the top court’s indulgence to direct the respondents accordingly. “In the interest of justice, otherwise the applicant will be put to irreparable loss, injury and hardships.”
He submitted that the court may be pleased to list his writ petition (Civil) no. 1210 of 2019 on an early date, in the interest of justice and pass such other order or further orders as the Court may deem fit and proper in the circumstances of the case. (GNS)