Srinagar, Aug 31 2018
Jammu and Kashmir High Court Bar Association (JKHCBA) Srinagar on Friday said that the adjournment of Article 35-A case by the Supreme Court was a big jolt to the antagonists of the constitution.
General Secretary JKHCBA Srinagar, Advocate G N Shaheen as per the statement issued that the three judge bench headed by the Chief Justice of Supreme Court Justice Deepak Mishra after heated arguments on both sides adjourned the PIL against Art 35-A and 370 to 2nd week of January 2019.
“It was a big jolt to the antagonists of Art 35-A and 370, defining the special constitutional status of the Jammu and Kashmir state,” Advocate Shaheen said.
“The observation of Chief Justice of India Justice Deepak Mishra seems a dawning realisation of the Indian judiciary not to disturb the constitutional order,” he said, adding that the court while hearing the arguments observed that constitutional application order of 1954 commonly defined as Article 35-A is a presidential promulgation introduced 60 years back and the matter cannot be ipso facto referred to larger bench.
“It means the Art 35-A had helped in maintaining the constitutional relationship between the state and Union of India and what is the urgency to refer it to larger bench without determining it constitutionality,” the statement said.
The Jammu and Kashmir High Court Bar Association (JKHCBA) said that it has a strong feeling that its efforts are purposefully in right direction.
“Today the atmosphere in the Supreme Court was quite encouraging that entire people of Jammu and Kashmir irrespective of political denominations beliefs rallied behind the Bar Association in defending the Art 35-A and 370 which shows that the people’s solidarity with the cause is absolute and firm,” the statement added.