Art 35A Hearing ‘Most Likely’ On March 6 Or 7  


SRINAGAR — Kashmir High Court Bar Association has reconstituted the team of its members appearing before the Supreme Court on 6 and 7 March when the bunch of petitions filed for scrapping of Article 35-A of the constitution of India are “most likely” to come up for consideration before the top Court. The reconstituted team members are M. A. Qayoom, President; Mohammad Ashraf Bhat, General Secretary; Z. A. Shah, Senior Advocate;  Z. A. Qureshi, Senior Advocate; R. A. Jan, Senior Advocate;  Manzoor Ahmad Dar, Advocate; and N. A. Ronga, Advocate; 

“It is pertinent to mention here that the matter has been shown listed in the weekly cause list issued for 6th and 7th of March, 2019, but it has not been shown as yet in the daily list of 6th of March, 2019 but there is every possibility of the matter being listed in the Supplementary Cause List of 6th of March, 2019 and/or daily list of 7th of March, 2019 and as such all the members of the reconstituted team have been directed to remain present before the Supreme Court on 6th and 7th of March , accordingly,” a spokesman of lawyers body said.

Meanwhile, in a meeting held here, the members expressed their serious concern over the declaring of Jamat-e-Islami (JeI) Jammu & Kashmir, as an unlawful Association under Unlawful Activities (Prevention) Act, 1967 by the Government of India vide notification dated 28.02.2019 and the seizing and sealing of its immovable properties including premises, offices, buildings, institutions and all movable properties including items, vehicles, equipment, bank accounts etc. by the concerned District Magistrates, in blatant violations of the powers purportedly vested in them u/s 8(2) of the Act of 1967.

“It was stated that in terms of Section 8(2) of the Act of 1967, the District Magistrates, have the power to make a list of all movable properties (other than wearing apparel, cooking vessels, beds and beddings, tools of artisans, implements of husbandry, cattle, grain and food stuffs and such other articles which they consider to be of trivial nature) found in a place, which has been notified by the Central Govt. in terms of Section 8(1) of the Act of 1967, of being used for the purpose of “unlawful association” but they have no power to seize or seal any immovable property which is owned by an unlawful association.”

However, the District Magistrates of various districts of the State, have issued orders of seizing and sealing of immovable properties belonging to Jamat-e-Islami in abuse of their power and authority which orders deserve to be recalled forthwith and any immovable property belonging to Jamat-e-Islami seized and sealed by the police, in pursuance of those orders, deserve to be released from such seizure and sealing at once, the spokesman added.


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