In view of no elected Govt, JK Govt seeks adjournment of Art 35A hearing

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By KNO on 11/02/2019.

In view of no elected Govt, JK Govt seeks adjournment of Art 35A hearing

Srinagar, February 11: As the Article 35-A case is listed between Feb 12-14 at Supreme Court (SC), the state government on Monday sought the adjournment of the hearing into the case.

Standing Counsel for the state of Jammu and Kashmir, Advocate on record M Shoeb Alam submitted the application for adjournment before Registrar General of Supreme of India.

Alam in a letter said that “the state will be seeking adjournment in the matters on account that since there is presently no elected government in the state of Jammu and Kashmir and the State is under President’s Rule.”

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“The present matter involves a sensitive issue regarding a challenge to Article 35A of the Constitution of India. A short reply has been filed by the State of Jammu and Kashmir in the lead matter (We The Citizens) and notices have not been issued in the other petitions. It will therefore be requested that the matter may kindly be heard when an elected government is in place,” it reads.

“The letter may Kindly be circulated to the Hon’ble judges so as to avoid inconvenience to them, “it adds. Earlier in August, the SC had adjourned the hearing on a bunch of petitions challenging the constitutional validity of Article 35A till January 2019.

The Jammu and Kashmir government had sought adjournment of the hearing Article 35A in the view of upcoming local body elections in the state.

The matter was listed before a Bench of Chief Justice Dipak Misra and Justices AM Khanwilkar and DY Chandrachud. The state government had written a letter to the Registrar of the Supreme Court on August 29. Jammu and Kashmir government’s standing counsel M Shoeb Alam had argued in the letter a hearing on Article 35A may impact holding of upcoming local body elections in the state.