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CPI(M) leader MY Tarigami has moved an application before the Supreme Court, for an urgent hearing of his petition challenging order dated Aug 5, 2019 and Aug 6, 2019, abrogating Article 370 and bringing in the Jammu & Kashmir (Reorganisation) Act, 2019.

“It is the case of the Applicant that Article 370 of the Constitution of India is a self-contained Code which defined and regulated the relationship between the State of Jammu and Kashmir and the Union of India. Apart from Article 370, Article 1 of the Constitution of India would apply to the State of J & K.

From time to time, the President of India could, with concurrence of the Government of the State of J & K, pass orders applying – with exceptions and modifications – specific provisions of the Constitution of India to the State of J & K, based upon exigencies of the situation,” the applicant states.

Steps taken by the Centre, as submitted by the Applicant, through aforementioned Orders

• Constitution of a Delimitation Commission to mark boundaries in the Territory for all the constituencies before an assembly election can be held.
• Amendment of the J & K Development Act allowing persons who are not permanent residents to buy land in Jammu and Kashmir if it is not an agricultural land.
• Closing down of institutions such as the J & K State Women’s Commission, J & K State Consumer Protection Commission, J & K State Human Rights Commission.

“In view of the aforesaid actions being taken by the Central Government, it is submitted that the challenge to the Constitutional validity ought to be heard on an expedited basis otherwise the petition itself would be rendered infructuous in view of the irreversible actions of the Respondents and the Applicant would be rendered remediless,” the applicant adds.

Prayer has been made for an early hearing, seeking a writ of certiorari declaring Presidential Orders dated Aug 5, 2019 & Aug 6, 2019 – unconstitutional, void and inoperative and a writ of certiorari declaring The Jammu and Kashmir (Reorganisation) Act, 2019 unconstitutional, void and inoperative.

Case Title: Mohd. Yousuf Tarigami v. UOI