J&K government moves apex court to postpone Article 35A petitions

Under the Central rule, the Jammu and Kashmir government does not want hearing on the matter related to the contentious Article 35A of the Constitution which denies property rights to women, who marriy a person from outside the state, thus depriving them of holding any immovable property in the state.

With the hearing of the case listed this week, the state government through its standing counsel M Shoeb Alam moved an application in the Supreme Court Registry to adjourn the hearing of the case till such time when there is an elected government in J&K. Incidentally, the development came about even as the Kashmir Bar Association formed a 15-member team of lawyers to counter the petitions expected to come up before the apex court this week.

Being a matter of special rights and privileges granted to the natives of J&K, the issue is very touchy and realising the impact any decision could have on a case of this nature, the state government in its application said, “The present matter involves a sensitive issue regarding a challenge to Article 35A of the Constitution….It will therefore be requested that the matter may kindly be heard when an elected government is in place.”

Currently, there is no elected government in the state after the ruling combine of Peoples Democratic Party (PDP) and Bhartiya Janata Party (BJP) parted ways. Initially the state came under Governor’s Rule but after the lapse of six months, the state came under President’s Rule.

There are six petitions that have challenged the validity of Article 35A. A bench headed by Chief Justice Ranjan Gogoi is hearing the matter and had posted the matter for hearing in January 2019 but it could not be taken up. The matter was now showing in the week commencing February 12 to 14, 2019.

ALL PREPARED

Incidentally, the development came about as the Kashmir Bar Association formed a 15-member team of lawyers to counter the petitions expected to come up before the apex court this week

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