Srinagar, August 27: CPI (M) leader Mohammad Yousuf Tarigami on Friday filed an affidavit in the Supreme Court praying for early hearing to his plea of petitions which include challenge to Centre’s decision to abrogate provisions of Articles 370 and 35A and J&K Reorganisation Act-2019.
The petition filed by Advocate P.V Dinesh on behalf of the petitioner reads: “The Applicant has filed Writ Petition under Article 32 of the Constitution of India wherein the Applicant, inter alia, prayed for a) issue of writ or any appropriate writ or order(s) declaring Presidential Order GSR 551(E) (CO 272) dated 05-08-2019 unconstitutional, void, and inoperative; b) issue a writ of certiorari or any appropriate writ or order(s) declaring Presidential Order GSR 562(E) (CO 273) dated 06-08-2019 unconstitutional, void, and inoperative; c) issue a writ of certiorari or any appropriate writ or order(s) declaring the J&K (Reorganisation) Act, 2019 unconstitutional, void, and inoperative.”
The petitioner has prayed for an early date to his petitions filed in December 2019, besides passing orders “as deemed fit and proper” by the court in the circumstances of the case.
“It is further submitted that despite the fact that the challenge to the constitutional validity of orders dated 05-08-2019 as well as J&K (Reorganisation) Act, 2019 is pending before this Hon’ble Court, the Central Government ha s, inter alia, taken irreversible actions including constitution of Delimitation Commission to mark boundaries, amendment of J&K Development Act allowing persons who are not permanent residents to buy land in J&K, if it is not an agricultural land, closing down of institutions such as J&K State Women Commission, J&K State Accountability Commission, J&K State Consumer Protection Commission and J&K State Human Rights Commission,” it reads.
“If the matters are not heard urgently, grave injustice will be caused to the applicant. In such view of the matter, the applicant hereby is seeking an early hearing of said writ petitions,” the petition reads further.
“It is submitted that the Presidential Order CO 272, Deceleration CO 273 and J&K (Reorganisation) 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,” it adds.
The top court had on August 28, 2019, referred petitions challenging Presidential Orders nullifying Article 370 of the Constitution and bifurcation of J&K into two union territories to a five-judge Constitution Bench. In March last year, it had refused to refer it to a larger Bench of seven judges.