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Art 35-A: ‘Petition should be dismissed, not deferred’


Srinagar, Aug 06: The mainstream political parties on Monday said the Supreme Court (SC) should have dismissed the petition challenging the validity of Article 35(A) rather than deferring it.

The petition seeking abrogation of Article 35(A) was listed for hearing before the three judge bench comprising Chief Justice (CJ) Dipak Misra, Justice Ajay Manikrao Khanwilkar, and Justice Dhananjaya Yashwant Chandrachud.


Chanrachud could not attend the court, resulting in deferment of the case till August 27.

Chief Spokesperson of the Peoples Democratic Party (PDP), Rafi Mir, said they would continue to defend Article 35(A).

“The deferment has been made on technical grounds. We will continue to do what we have been doing to defend it,” he said.

Senior Congress leader, G N Monga said the Supreme Court (SC) should have instead dismissed the plea.

“It will be disastrous to do away with Article 35(A). In case it is repealed, it will ruin the whole country,” he said.

“Supreme Court cannot decide on the historical facts. Article 35(A) has been incorporated in the constitution after thorough negotiations through a presidential order. It shall remain intact,” he said.

“Those asking for its abrogation are not well-wishers of the country. The have been proving themselves anti-nationals.”

General Secretary National Conference (NC), Ali Mohammad Sagar, said the government of India should support its retention.

“Today also, the government of India didn’t clear its stand. It didn’t file the reply, raising apprehensions among the stakeholders. It is the question of constitution. We demand early dismissal of the petition challenging the validity of Article 35(A),” he said.

“Bharatiya Janata Party (BJP) has been working on the agenda of one flag, one constitution, and one election.”