SC to examine revoking of J&K's special status

You can't damage the cause by such PILs: CJI pulls up lawyer

The Supreme Court on Friday indicated to consider the constitutional validity of decisions taken by the Centre to revoke the special status of Jammu and Kashmir and divide into two Union Territories.

The top court pulled up an advocate for filing a PIL on the issue, without making proper pleadings, assertions and prayers but it did not dismiss the plea and allow him to amend the petition, giving sufficient hints that it would examine the Presidential Order of August 5 and subsequent amendments passed by Parliament.

The court also preferred to give time to the Centre to lift restrictions on internet and telephone lines imposed since August 4 over there.

Taking up the petition filed by advocate M L Sharma, a three-judge bench presided over by Chief Justice Ranjan Gogoi, asked, “What kind of PIL is this? You are challenging validity of Presidential order without a prayer to set it aside. This is not even maintainable. We could have dismissed it but it would affect other petitions.”

In a matter of this importance, defective petitions have been filed, the CJI said.

The bench, also comprising Justices S A Bobde and S Abdul Nazeer, said there are five-six other PILs but all those are lying in defect.

"You cannot damage the cause like this. I have spent half an hour on reading your petition and could not make out what it is all about," the CJI told Sharma.

The court, however, allowed Sharma to amend his PIL as he submitted he has suffered injuries due to an accident and could not file additional materials.

During the hearing, an advocate, Debasis Misra contended heavy cost should be imposed on petitioner for filing a PIL like this. "Some restraint should be there," he said.

An advocate, Shakir Shabbir, who filed the petition in his own name, sought hearing on his plea on the issue. The court said his petition would come up for hearing along with other petitions.

The bench also took a writ petition filed by Anuradha Bhasin, executive editor of Kashmir Times for relaxing the restrictions on telephone, internet and movement of journalists in the valley.

"You should wait. I have read in newspaper that the landlines and broadband would be opened by the evening," CJI told advocate Vrinda Grover, appearing for the petitioner.

There was a complete information blackout. At least, press cards issued to journalists must be respected, she pleaded.

Justice Bobde, however, said the landline is working as he got a call from chief justice of the high court.

Attorney General K K Venugopal contended that if all other papers are being published, there must be some other reasons in case this paper was not being allowed.

The situation is dynamic and is being reviewed everyday. Day after day, the restrictions are being lifted, he said, adding one should not jump the gun.

Solicitor General Tushar Mehta said the security agencies present on the ground must be trusted in a situation like this. He also said on daily basis, it is being reviewed.

The court then deferred passing any order on restrictions imposed since August 4 in Jammu and Kashmir a day before the Presidential order revoking special status to the state and subsequent legislations to divide into two Union Territories.