Article 370: SC to hear plea on Tuesday against ‘regressive measures’ in J&K

PTI, Aug 12, 2019, 5:34 PM IST

New Delhi: The Supreme Court is scheduled to hear on Tuesday a plea challenging the Centre’s decision to impose restrictions and “other regressive measures” in Jammu and Kashmir following the revocation of the provisions of Article 370.

The plea filed by Congress activist Tehseen Poonawalla is listed for hearing before a bench comprising Justices Arun Mishra, M R Shah and Ajay Rastogi.

Poonawalla has said he is not expressing any opinion on Article 370 but seeking withdrawal of ‘curfew/ restrictions’ and other alleged regressive measures including blocking of phone lines, Internet and news channels in J&K.

He has also sought a direction from the top court for the release of leaders like former chief ministers Omar Abdullah and Mehbooba Mufti, who are under detention.

He has further sought setting up of a judicial commission to inquire into ground realities there. The activist has claimed that the decisions that have been taken by the Centre violate fundamental rights guaranteed under Article 19 and 21 of the Constitution.

“The inhabitants of the state of J&K are suffering on account of unwarranted imposition of curfew and/ or restrictions under Section 144 of the Code of Criminal Procedure, 1973, preventive arrests, snapping of phone lines, suspension of internet services, media gag,barred access to healthcare, educational institutions, banks, public offices, shops and establishments and all other basic amenities,” the plea said.

The entire state is under virtual cordon and “has been converted into a garrison by increasing the number of troopers on everyday basis when in fact there has been no news of any organized/ violent protests against the constitutional amendments or for any other reason”, it said.

Poonawalla has sought direction from the apex court questioning the Centre and J&K as to under what authority they have taken such tough steps including the arrest of former Chief Ministers, former union ministers, former legislators and political activists.

“Arrest of separatist leaders may be totally justifiable but meeting out the same treatment to mainstream political workers who have given their blood and sweat for the integration of State with Union of India is highly questionable and deserves to be condemned,” his plea has said.

He has sought quashing of orders imposing indefinite curfew/ restrictions, arbitrary arrests, shutdown of phone services and snapping of internet.

The petitioner has sought direction to the Centre for appointing a judicial commission to visit and ascertain the ground situation in the state and file a status report before the court.

Besides the petitions filed by Poonawalla and Bhasin, the National Conference (NC) has also moved the apex court challenging the changes made in the constitutional status of J&K, contending that these have taken away rights of its citizens without their mandate.

The petition has been filed by Mohammad AKbar Lone and Justice (retd) Hasnain Masoodi, both Lok Sabha members belonging to the NC.

Advocate Manohar Lal Sharma has also filed a separate plea challenging the Presidential Order on Article 370 which revoked Jammu and Kashmir’s special status.

President Ram Nath Kovind has declared abrogation of the provisions of Article 370 of the Constitution, which gave special status to Jammu and Kashmir.

Parliament had approved a resolution abrogating special status to Jammu and Kashmir under Article 370 of the Constitution and a bill for splitting the state into two union territories. The resolution and the bill were approved by Rajya Sabha also.