SC to take 'in-chamber' decision on listing anti-Article 35-A pleas

SC to take 'in-chamber' decision on listing anti-Article 35-A pleas

Advocate Bimal Roy had mentioned the matter before the bench headed by Chief Justice Ranjan Gogoi and also comprising Justices L Nageswara Rao and Sanjiv Khanna.

The Supreme Court on Tuesday said it would take an “in-chamber” decision on listing of a petition challenging the constitutional validity of Article 35-A, which provides special rights and privileges to permanent residents of Jammu and Kashmir.

Advocate Bimal Roy had mentioned the matter before the bench headed by Chief Justice Ranjan Gogoi and also comprising Justices L Nageswara Rao and Sanjiv Khanna.

He sought urgent hearing of the petition, filed by NGO ‘We The Citizens’, saying the court had earlier ordered listing of the matter in the second week of January.

In August, the apex court adjourned hearing on a batch of petitions challenging Article 35 A till January this year, after taking note of submissions of the Centre and the state government that there was a “law and order problem” in the state.

Article 35-A, which was incorporated in the Constitution by a 1954 presidential order, accords special rights and privileges to the citizens of Jammu and Kashmir and bars people from outside the state from acquiring any immovable property in the state.

The apex court had on August 31 deferred till January the hearing on the pleas challenging the constitutional validity of Article 35 A, which provides special rights and privileges to natives of Jammu and Kashmir, after the Centre and the state said that polls to local bodies polls there would go on till December.

Article 35 A denies property rights to a woman who marries a person from outside the state. The provision, which leads to such women from the state forfeiting their right over property, also applies to her heirs.

The Article was incorporated in the Constitution in 1954 by an order of President Rajendra Prasad on the advice of the then Cabinet headed by Jawaharlal Nehru. PTI

The Supreme Court on Tuesday said it would take an “in-chamber” decision on listing of a petition challenging the constitutional validity of Article 35-A, which provides special rights and privileges to permanent residents of Jammu and Kashmir.

Advocate Bimal Roy had mentioned the matter before the bench headed by Chief Justice Ranjan Gogoi and also comprising Justices L Nageswara Rao and Sanjiv Khanna.

 He sought urgent hearing of the petition, filed by NGO ‘We The Citizens’, saying the court had earlier ordered listing of the matter in the second week of January.

In August, the apex court adjourned hearing on a batch of petitions challenging Article 35 A till January this year, after taking note of submissions of the Centre and the state government that there was a “law and order problem” in the state.

Article 35-A, which was incorporated in the Constitution by a 1954 presidential order, accords special rights and privileges to the citizens of Jammu and Kashmir and bars people from outside the state from acquiring any immovable property in the state.

The apex court had on August 31 deferred till January the hearing on the pleas challenging the constitutional validity of Article 35 A, which provides special rights and privileges to natives of Jammu and Kashmir, after the Centre and the state said that polls to local bodies polls there would go on till December.

Article 35 A denies property rights to a woman who marries a person from outside the state. The provision, which leads to such women from the state forfeiting their right over property, also applies to her heirs.

The Article was incorporated in the Constitution in 1954 by an order of President Rajendra Prasad on the advice of the then Cabinet headed by Jawaharlal Nehru.