Privileges to state subjects: SC gives J&K final opportunity to file response by Dec 3
Under pressure from its ally BJP, the coalition government headed by Chief Minister Mufti Sayeed today delayed filing its response before the Supreme Court to a petition challenging the constitutional validity of Article 35A. The petition has been filed by We the Citizens, a Delhi-based non-governmental organisation.
The apex court has now given the state government the final opportunity to file its response by December 3, after the counsel representing the J&K Government sought more time.
The delay in filing the response has come even as the government had readied the draft objections to defend the Article 35A of the Constitution, which grants special rights and privileges to permanent residents of J&K.
“We have been granted till December 3 to file the response,” said advocate general Jahangir Iqbal Ganai.
This is the last opportunity granted to the J&K Government to file its response, which as a “matter of right” has already taken one opportunity before to file the same.
When asked why the government deferred filing of response even as the draft was already ready, a senior government lawyer said “there were certain changes required in the draft”.
However, sources indicated that the PDP’s ally BJP had exerted pressure and had sought certain changes in the draft.
The advocate general was himself supposed to appear before the Supreme Court, but in his place three lawyers GM Kawasoo, Arif and Narhari Singh represented the state government before the apex court registry.
It is learnt that the Central government too has not filed its response before the Supreme Court, which is also one of the respondents in the petition by We the Citizens.
In the draft objections, which did not reach the Supreme Court today, the J&K government had sought the dismissal of the petition challenging Article 35 A on various grounds and stated that “accession” of J&K to India was “limited in scope and not absolute”.
Maharaja Hari Singh wanted to remain independent, and he “signed the Instrument of Accession with Dominion of India as a last resort to save his state from tribal invaders”, the draft objection read.
