31 Aug : News Express 24 :-
The apex court, which has given special status to Jammu and Kashmir, has been postponed till January next year. A three-judge bench headed by Chief Justice Deepak Mishra gave a decision to adjourn the hearing. The petitioner Ashwini Upadhyay challenged the legality of this article in the Supreme Court. The next hearing will be on January 19, 2019.
Supreme Court has deferred hearing on Article 35A, next hearing on 19 January, 2019: Supreme Court Advocate Varun Kumar pic.twitter.com/OwSKA4JOJP
— ANI (@ANI) August 31, 2018
The Jammu and Kashmir government had demanded a stay on the hearing on the backdrop of upcoming local elections. Advocate general K Venugopal told the court that all the security agencies are preparing for local elections in the state.
Hearing on #Article 35A:ASG Tushar Mehta representing J&K submitted before SC, "All the security agencies are engaged in the preparation of the local body elections in the state." AG KK Venugopal appearing for Centre told SC,"Let local body elections finish in a peaceful manner."
— ANI (@ANI) August 31, 2018
There is currently a tense atmosphere in Jammu and Kashmir on the issue of Section 35A. The separatists had called on Thursday to stop the Kashmir Valley. In Jammu and Kashmir, there was a protest against the major parties like the National Conference and the PDP.
Govt of India argued before SC that the hearing should be postponed till Panchayat elections are over as there may be law & order problem in J&K. Court agreed that it will hear the petitions after Panchayat elections are over: Advocate DK Dubey, on hearing on Article 35A in SC pic.twitter.com/h340QkAS06
— ANI (@ANI) August 31, 2018
Section 35A
On May 14, 1954, the then President Dr. Rajendra Prasad had passed an order. Under this order a new section 35 (A) was added to the Constitution of India. Section 35A, Article 370 is an integral part. According to Article 35A, the citizens of Jammu and Kashmir will only be considered as part of the state when it will be born in that state. No citizen of any other state can purchase or purchase property in Jammu and Kashmir.
It was a wise and deliberate decision taken by Supreme Court. There is no harm is adjourning the case but there was harm in continuing hearing the case as that would disrupt the local body (Panchayat) polls:Muzaffar Baig representing PDP in hearing on Article 35A in Supreme Court pic.twitter.com/kPHXW8kgqC
— ANI (@ANI) August 31, 2018