On Wednesday, as the Supreme Court started hearing arguments challenging the repeal of Article 370, which granted the former state of Jammu and Kashmir unique status, the former chief minister Omar Abdullah said he was hoping for justice from the high court like the other citizens.
Senior advocate Kapil Sibal said that he would continue arguing for the petitioners who are challenging the abrogation until Thursday.
“Whatever happened with Jammu and Kashmir on August 5, 2019, was wrong. It was against the Constitution and the law. We will put these to the Hon'ble Supreme Court,” the National Conference leader said in the premises of the top court.
“We have got the opportunity to put forth our grievances. We expect justice like any other citizens of the country,” he said.
Sibal pointed out before the Bench today that because Article 354 of the Constitution does not permit such an exercise of power, the Parliament could not have proclaimed itself to be the legislature of J&K with the aim to allow the abrogation of Article 370. He further emphasized how the Governor and the Parliament abruptly rejected the "unique constitutional structure" without consulting the State of J&K.
According to the senior lawyer, clause 3 of Article 370's precise words demonstrates that a recommendation from the Constituent Assembly was required in order to eliminate the provision.
He emphasized further that the Parliament's repeal of Article 370 represented the "will of the people of J&K," which is an exercise of political authority and as such cannot be carried out by a legislative body.
On July 11, the court set the deadline as July 27 for submitting written arguments and convenience compilations from various parties. The hearing would be held every day, except for Mondays and Fridays, which are reserved for the apex court's general hearings, according to the five-judge Bench. On these days, only new petitions are accepted for admission hearings; ordinary matters are not heard.
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