The Global Kashmiri Pandit Diaspora (GKPD) has filed an intervention application in the Supreme Court on July 27, with a plea for dismissing the petition of Shah Faesal and others who are seeking revocation of abrogation of these two ‘undemocratic and unjust laws’.
The GKPD has expressed full support for the Government of India on its historic actions which have brought peace, prosperity and security to the State of Jammu and Kashmir. GKPD has appealed that the petition be dismissed with utmost contempt, thereby “restoring the confidence of the people of this great nation in one country one constitution faith”.
Virinder Kaul, international coordinator,GKPD, said the dismissal of the petition will affirm Article 51A (a) of the Constitution, which states that it shall be the fundamental duty of every Indian citizen to ‘abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem’.
GKPD submitted arguments in favour of the abrogation of Articles 370 and 35A citing provisions of the Indian Constitution and relevant precedent examples across the globe.
“Articles 370 and 35A paved the way for the violent creation of a “Sheikhdom” within the Union of India primarily by snatching the rights and livelihood of oppressed minorities and women in favour of the majority population,” read a press release by the GKPD.
GKPD requested the Supreme Court to take cognisance of their application during the hearing scheduled for August 2, ensuring that these ‘draconian laws’ are not restored.
It further affirmed its deep appreciation to the Union Government for accepting the recommendation of The Delimitation Commission for nominating two members of the Kashmiri Pandit community to the legislative assembly.
“This step will go a long way in addressing the compounding problems faced by the KP community. GKPD looks forward to working with the Government of India to ensure inclusive representation of community interests,” read a press release by the GKPD.
The Constitution bench of the top court will, on August 2, start hearing a batch of petitions challenging the abrogation of Article 370 and bifurcation of the erstwhile state of Jammu and Kashmir into two Union territories.
A five-judge Constitution bench of Chief Justice of India DY Chandrachud and Justices Sanjay Kishan Kaul, Sanjiv Khanna, BR Gavai, and Surya Kant had said it will proceed to hear the case on a day-to-day basis except on miscellaneous days — Mondays and Fridays.
The ace team government had defended its decision to abrogate Article 370 saying since 2019, when Article 370 was abrogated, the entire region has witnessed an “unprecedented era of peace, progress and prosperity”.
Various petitions are pending before the top court challenging the validity of the law scrapping Article 370 of the Constitution and special status to Jammu and Kashmir and bifurcating the state into two Union Territories.
On August 5, 2019, the central government announced its decision to revoke the special status of Jammu and Kashmir granted under Article 370, splitting the region into two Union territories.
A five-judge Constitution bench in March 2020 had declined to refer to a larger 7-judge bench a batch of petitions challenging the constitutional validity of the Centre’s decision to abrogate provisions of Article 370 on August 5, saying there were no reasons to refer the matter to a larger bench.
A number of petitions have been filed in the top court, including those of private individuals, lawyers, activists and politicians and political parties, challenging the Jammu and Kashmir Reorganisation Act, 2019, splitting Jammu and Kashmir into two Union Territories — Jammu and Kashmir, and Ladakh.
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