In wake of the abrogation of article 370, many different individuals and organisations have moved a variety of petitions before the Supreme Court. A bench comprising Chief Justice Ranjan Gogoi, Justice SA Bobde and Justice SA Nazeer heard a batch of petitions on Wednesday, August 28, 2019. Here are the key highlights of the petitions and their current status.
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Petitions to examine the Constitutional validity of the scrapping of Article 370:
A batch of petitions were filed challenging the Presidential Order of August 5. The first Kashmiri to file a petition was advocate Shakir Shabir who claims that the Presidential Order is unconstitutional and void ab initio. Another petition was moved by Lok Sabha MPs Mohammed Akbar Lone and Hasnain Masoodi of the National Conference.
Retired military officers and bureaucrats also moved Supreme Court. Petitioners in this case include Radha Kumar (a former member of the Home Ministry’s Group of Interlocutors in J&K), Air Vice Marshal (Retd) Kapil Kak, former IAS officer HH Tyabji, Gopal Pillai (a former Union Home Secretary), and Amitabha Pande (former Secretary of the Union Government’s Inter-State Council) among others.
Detained former IAS officer Shah Faesal, activist Shehla Rashid and five other also moved SC challenging the validity of the Jammu and Kashmir Reorganisation Act, 2019. They further said that the order was unconstitutional for being passed in disregard of the consent of the people. The petition may be read here.
Supreme Court lawyer Soayib Qureshi and advocate ML Sharma have also filed petitions.
The SC has now ordered that a Constitution Bench of five judges hears these petitions. Hearing will begin in the first week of October. The court has also issued notice to the Central government.
Petition against communication clampdown:
Kashmir Times Executive Editor Anuradha Bhasin sought immediate restoration of communication lines and relaxation of all restrictions on the movement of media-persons in Kashmir and some districts of Jammu. The petition may be read here. The SC has now issued notice to the Center and the J&K administration and sought a reply within seven days.
Activist Tehseen Poonawala also moved SC alleging violation of Constitutional rights in wake of the communication blackout in the region. He also called the arrests and detention of local political leaders and activists, unjustifiable and arbitrary. Poonawala’s petition has been tagged with Bhasin’s petition.
Habeas Corpus Petition by Sitaram Yechuri:
CPI (M) general secretary Sitaram Yechuri also moved the apex court demanding answers about the whereabouts and health of party member and former MLA Yousuf Tarigami who it is alleged has been placed under detention in Kashmi and is said to be in poor health. However, the Center argued that Yechuri’s visit was political in nature and was likely to “adversely affect the situation”.
The Supreme Court allowed Yechuri to visit Tarigami, but cautioned him saying, “We make it clear that if the petitioner is found to be indulging in any other act, omission or commission save and except what has been indicated above i.e. to meet his friend and colleague party member and to enquire about his welfare and health condition, it will be construed to be a violation of this Court’s order.” Yechuri was also directed to file an affidavit about Tarigami’s health upon his return. Yechuri tweeted, “The Supreme Court has permitted me to go to Srinagar and see Com Yousuf Tarigami and “report” back to them on the condition of his health. Once I meet him, return and report to the Court, I will make a more detailed statement.” The entire order may be read here.
Petition by JMI University student:
Mohammed Aleem Sayeed, a Kashmiri student of Jamia Milia Islamia University also moved Supreme Court for permission to visit his family in Kashmir. He was extremely worried as he was unable to establish contact with his family in wake of the communication blackout and moved court as a last resort. Ruling in his favour the court said, “The petitioner shall be allowed to travel to Jammu & Kashmir; go to Anantnag; meet his parents and after ensuring their welfare, to report back to the WP(Crl.) 225/2019 2 Court on the next date fixed. An affidavit of the events that have transpired pursuant to the order of this Court, shall be filed immediately on return of the petitioner from Jammu & Kashmir.” The entire order may be read here
