A group of former bureaucrats and defence personnel moved the Supreme Court on Saturday challenging the Jammu and Kashmir (J&K) Reorganisation Bill and the abrogation of Article 370 of the constitution.
The petitioners have claimed that the amendments struck at the principles on which the state of Jammu and Kashmir was integrated into India, especially as they had no affirmation or sanction from the people of Jammu and Kashmir which, according to the petition, is a constitutional imperative as far as the state of J&K is concerned. They have sought that the presidential orders be declared unconstitutional and the Centre be refrained from acting upon them.
The petitioners include former Air Vice Marshal Kapil Kak and retired Major General Ashok Mehta, Radha Kumar, a former member of the Home Ministry’s Group of Interlocutors for Jammu and Kashmir (2010-11), Hindal Haidar Tyabji, a former IAS officer belonging to the Jammu & Kashmir cadre, Amitabha Pande, former member of Punjab Cadre of IAS and Gopal Pillai former IAS officer of Kerala cadre who retired as Union Home Secretary in 2011.
“The impugned orders/act are arbitrary and contrary to the basic structure principles of Rule of Law, Federalism, Democracy and the Separation of Powers, apart from violation fundamental rights of the citizens of India,” the petition stated.
{{/usCountry}}“The impugned orders/act are arbitrary and contrary to the basic structure principles of Rule of Law, Federalism, Democracy and the Separation of Powers, apart from violation fundamental rights of the citizens of India,” the petition stated.
{{/usCountry}}The government had on August 5 announced the revocation of provisions of Article 370.