Review petitions filed in SC challenging judgement upholding scrapping of Article 370

One of the review petitions was filed by lawyer Muzaffar Iqbal Khan who was also a petitioner in the main case earlier challenging the abrogation of Article 370.
Supreme Court (Photo | Express)
Supreme Court (Photo | Express)

NEW DELHI: Several review petitions were filed before the Supreme Court on Wednesday challenging its recent judgment of December 11, upholding the Centre's August 5, 2019 decision scrapping J&K's special status under Article 370 and bifurcating the state into two Union territories -- J&K and Ladakh.

One of the review petitions was filed by lawyer Muzaffar Iqbal Khan who was also a petitioner in the main case earlier challenging the abrogation of Article 370.

"In my opinion, the matter is likely to come up for hearing before the apex court very soon, maybe in 15 or 20 days. The matter is an important one," Khan told The New Indian Express.

"I seek review of the order of December 11, 2023 passed by the Supreme Court," Khan, in his review petition, said.

The review petition of Khan also said that the principles and parameters of the judgment are erroneous and therefore may kindly be set right in the interest of justice after due hearing of the petitioner (Khan).

Another review plea has been filed by the Awami National Conference, which was also among the petitioners in the Article 370 case.

The apex court in its verdict had held that there are restrictions on powers to be exercised after imposition of President's Rule under Article 356.

The judgement also stated that every decision taken by the Centre on behalf of a state under proclamation of emergency can't be subject to a legal challenge as it will lead to chaos.

Rejecting the petitioners' arguments, the apex court said that the Centre can exercise the power of a state government under President's Rule. Parliament/President can exercise legislative powers of a state under proclamation of emergency, it said.

The apex court in its verdict said that Article 370 was an interim arrangement due to war conditions in the state. It was a temporary and transitory provision, the court added.

Twenty-three petitions had been filed before the top court challenging the August 5, 2019 decision of the Union government scrapping J&K's special status and bifurcating the state into two Union territories.

Related Stories

No stories found.

X
The New Indian Express
www.newindianexpress.com