SC defers hearing on plea relating Article 35A

SC defers hearing on plea relating Article 35A

The Supreme Court on Monday allowed a plea by the Union government to defer hearing on a batch of petitions pertaining to Article 35A of the Constitution that provided special rights to the citizens of Jammu and Kashmir.

As a three-judge bench presided over by Chief Justice Dipak Misra took up the petitions, Attorney General K K Venugopal apprised the court about the appointment of Dineshwar Sharma, former Intelligence Bureau chief as an interlocutor to talk to all stakeholders to resolve the Kashmir imbargolio and sought adjourment for six months.

The bench, also comprising Justices A M Khanwilkar and D Y Chandrachud, initially wanted to defer the hearing for eight weeks but subsequently agreed to defer it for three months.

The court had earlier indicated that the issue of Article 35A if violated the basic structure of the Constitution or if it was ultra vires to the procedure, may be dealt by a five-judge bench.

Advocate Dr Charu Wali Khanna challenged constitutional validity of Article 35A.

The provision, inserted into the Constitution by a Presidential Order in 1954, accorded special rights and privileges to Jammu and Kashimir citizens and denied property right to a woman who married a person from outside the state. A Delhi-based NGO 'We the Citizens', among others, also filed a similar petition.

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