Srinagar- The Awami National Conference (ANC), one of the petitioners who had challenged the abrogation of Article 370 of the Constitution before the Supreme Court, on Thursday said it is considering filing a review petition before the court as legal experts maintain that its verdict in the matter was “full of flaws”.
“Legal and constitutional experts say the Supreme Court judgment was full of flaws. It remained silent on many basic issues. A review petition is being prepared and once it is ready, we will put it before our legal teams and the 23 petitioners. Most likely, we will file the petition in the apex court,” ANC’s senior vice-president Muzaffar Shah told a press conference here.
He said it is a matter of discussion as to what shape the course of legal action would take.
“One thing is definite that since the judgment is full of flaws according to legal and constitutional luminaries, we will knock the doors of the Supreme Court again. Whether a review petition will be filed or some other route taken, we will discuss that,” Shah added.
The ANC leader expressed hope that those who believe in history and the Constitution will stand together in this legal battle.
“We also hope that the Supreme Court will restore Article 370,” he said.
Shah said the issue would also be discussed at the next meeting of the People’s Alliance for Gupkar Declaration (PAGD), which was formed in 2019 to fight for the restoration of Jammu and Kashmir’s special status.
The BJP-led Centre abrogated the provisions of Article 370 on August 5, 2019 and bifurcated the erstwhile state of Jammu and Kashmir into Union territories. The apex court upheld the decision earlier this month.
Shah, however, asserted that the issue is not dead yet.
“I want to tell those celebrating the verdict and using it to score political points that the issue is not dead yet. The people of Jammu and Kashmir will give a befitting reply to you that they have not accepted the August 5, 2019 decision and the December 11, 2023 verdict of the Supreme Court,” he said.
On three civilians allegedly killed in the Army’s custody in Jammu and Kashmir’s Poonch last week, Shah said the “armymen involved in the torture and killings should be court-martialled”.
Meanwhile, CPI (M) leader M Y Tarigami also said various stakeholders are contemplating moving the Supreme Court with a review petition over its December 11 judgment.
A review petition must be filed within 30 days from the judgment or order of which a review is being sought and placed before the same bench that had delivered the decision.
“The Supreme Court has the authority but as a citizen, I have my views too, according to the Constitution and guidelines of the apex court. Our opinion is that the people of Jammu, Kashmir and Ladakh have not received justice and all the stakeholders, including the petitioners (in the matter), are exploring options so that we can get justice,” Tarigami told reporters here.
He said consultations are going on among the petitioners who had moved the top court challenging the abrogation of Article 370 and “we are contemplating filing a review petition within the time-frame”.
Asked if they are planning to move the court under the People’s Alliance for Gupkar Declaration’s (PAGD) banner, the Left leader said different parties and individuals moved the court separately in the past and the same route could be taken again.
“The window is open and why should we believe that this window will not open with good news for us? When we first moved the court, some people expressed hopelessness. But as a student of politics, a human being and a citizen, we have to move forward in the direction where we can see a ray of hope and justice. The opportunity is there and we have to avail it, as suggested by several former Supreme Court judges,” he said.
In an apparent reference to the ruling Bharatiya Janata Party (BJP) at the Centre, Tarigami said misleading narratives are being built to justify the abrogation of Article 370, which was a “bridge between Jammu and Kashmir and the rest of the country”.
He alleged that the abrogation of Article 370 was not just an “ordinary mistake”, but an “assault on the basic constitutional rights of the people of Jammu, Kashmir and Ladakh”.
The Communist Party of India (Marxist) leader also referred to Lieutenant Governor Manoj Sinha’s statement at a function in Jammu on Tuesday that had Article 370 remained in Jammu and Kashmir, the Anand Marriage Act would not have become a reality and said misleading narratives are persistently being propagated in order to convince people about the benefits of abrogating the special constitutional position of the erstwhile state.
“There has been a long list of amendments made to Article 370, allowing the application of central laws to Jammu and Kashmir. The passage of the GST Act in 2017 by the Jammu and Kashmir Assembly was one of such instances in recent times,” he said.
The former MLA said there were 42 Constitution (Application to Jammu and Kashmir) orders, extending the scope of central intervention, which were not envisaged at the time of the adoption of Article 370.
“Additionally, the extent of the misuse of Article 370 to encroach on the State’s powers can be seen from one of the measures taken in July 1986, when the president issued an order under Article 370, extending Article 249 of the Constitution to the state. This empowered Parliament to legislate on matters on the State List on the basis of a resolution passed by the Rajya Sabha.
“Pertinently, it received the approval from the centrally-appointed governor, Jagmohan. Such overriding of the State List is unique to Jammu and Kashmir and not applicable to other states,” he said.
Tarigami said a narrative is being built in the country that Jammu and Kashmir had to deal with terrorism due to the presence of Article 370 and that tourism has flourished in the region after its abrogation.
“Article 370 was a bridge between the Muslim-majority region and a secular India. I want to tell those who want to distort history and make false claims that terrorism raised its ugly head in the most peaceful region after governments were formed from Delhi and the trust of the people here was shattered. Tourism is nothing new for a region that received visitors from abroad in the past as well,” he said.
The Left leader said a recent terror attack on the Army in Poonch and the subsequent alleged custodial killing of three civilians were “unfortunate” and asserted that terrorism cannot be defeated by creating lawlessness.
“Do not push people to the brink. Uphold their trust in the system. Create jobs for the unemployed youngsters,” he said, questioning the claims of Jammu and Kashmir attracting massive investment after the abrogation of Article 370.
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