SC adjourns hearing of PIL challenging validity of Art 35A granting special rights to Kashmir till Aug end
New Delhi, Aug 6 (IBNS): Amid shutdown in Jammu and Kashmir, the Supreme Court on Monday adjourned the hearing of a Public Interest Litigation (PIL) challenging the validity of Article 35A, which bestows certain privileges to people of Kashmir and bars outsiders from buying property in the region, till the end of the current month, media reports said.
The case was to be heard by a three-judge bench but the absence of Justice DY Chandrachud forced Chief Justice Dipak Misra to postpone the hearing.
Article 35A, which was incorporated in the constitution by a 1954 Presidential order, defines the permanent residents of Jammu and Kashmir. It bars people from outside the state to own immovable property in Jammu and Kashmir. It was aimed at protecting the rights and guarantee the unique identity of the people of Jammu-Kashmir.
Jammu and Kashmir braced for a two-day shutdown since Sunday, media report said.
The Bharatiya Janata Party (BJP), which rules the central government, has said that it was ready for a debate over the contentious Article 35A of the Constitution.
On Saturday, the valley witnessed protests across several places.
The separatist groups called for a two-day shutdown in the state demanding that Article 35A should not be scrapped.
Former Jammu and Kashmir Chief Minister and National Conference leader, Omar Abdullah, tweeted, "Protecting #Article35A is a tacit acceptance that J&K’s future lies within the Constitution of India otherwise how would it matter if it were struck down or diluted?"
In a follow up tweet, Omar said: "Kashmir has shut down to protect a provision of the Indian constitution. When was the last time anyone was able to frame that headline? #Article35A"
Opposing the dilution of Article 35A three days ago, former Jammu and Kashmir Chief Minister and Peoples Democratic Party (PDP) leader, Mehbooba Mufti, had tweeted, "Today people cutting across party lines & other affiliations are united in their fight against any dilution of Article 35 A. As I have already stated before, fiddling with J&Ks special status will have catastrophic ramifications for the entire country."
Under the Jammu-Kashmir constitution, a Permanent Resident is a person who was a state subject on May 14, 1954, or who has been residing in the state for a period of 10 years, and has “lawfully acquired immovable property in the state”.
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