LS Polls:Judge Who Declared Change in ‘Sadr-e-Riyasat’ Unconstitutional Files Papers

ANANTNAG — Justice (retd) Hasnain Masoodi, who in December 2015 declared conversion of the post of ‘Sadar-e-Riyasat’ (Head of the State) into Governor as unconstitutional, filed nomination papers on National Conference ticket from Anantnag Lok Sabha constituency.  

 “The Constitution of Jammu & Kashmir (Sixth Amendment) Act 1965 amended the State Constitution and replaced ‘Sadri Reyasat’ by Governor. The ‘elective’ status of Head of the State was an important attribute of Constitutional autonomy enjoyed by the State, a part of ‘Basic Framework’ of the State Constitution and therefore not within the amending power of the State legislature,” Justice Hasnain Masoodi had observed in his judgment on December 28, 2015.

In the same year and few months before his retirement, the bench headed by him, also comprising of Justice Janak Raj Kotwal also delivered an important judgment pertaining to Article 370 of the Constitution of India. It was observed in the judgment that the Article 370 though titled as “Temporary Provision” and included in Para XXI titled “Temporary, Transitional and Special Provisions” has assumed place of permanence in the Constitution. It is beyond amendment, repeal or abrogation, inasmuch as Constituent Assembly of the State before its dissolution did not recommend its amendment or repeal, the judge had observed.

Justice Masoodi, who did his Master’s in Law from Harvard University, started his judicial career as a Munsiff. He was later elevated as Additional Judge of High Court of Jammu and Kashmir in 2009. He retired on 1st January 2016.

PDP, Cong Chiefs Also File Nominations

 PDP President and former Jammu and Kashmir Chief Minister Mehbooba Mufti on Wednesday filed her nomination papers for the Anantnag Lok Sabha seat.

The President of the Congress in the state, G.A. Mir, also filed his papers from Anantnag.

Talking to reporters on the sidelines, Mehooba hit out at Karan Singh over his remarks on Article 370.

“Karan Singh’s father Maharaja Hari Singh had himself laid the foundation of Article 370. Today, he is singing a different tune,” Mehbooba said.

She also expressed dismay over the remarks of Bharatiya Janata Party (BJP) president Amit Shah. “The year 2020 will also be Jammu and Kashmir’s deadline to the country,” Mehbooba said according to the report.

Earlier, Mehbooba, who was accompanied by her senior party members, filed the nomination paper for the Anantnag Lok Sabha seat.

On the occasion, the former chief minister also remembered her father for his support and guidance.

“Filed my nomination from Anantnag constituency for #LokSabha2019. Was overcome with emotion since this is the first election Ill contest without my fathers guidance & support. But am confident that my people will restore their faith in PDP. Its an honour to fight for them,” she tweeted soon after filing her nomination papers.

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