The PDP-BJP coalition government headed by Chief Minister Mufti Mohammad Sayeed today filed its response in the Supreme Court to a petition by an RSS-backed think tank, challenging the constitutional validity of Article 35A.
Sources say the government’s previous draft, which was circulated in some quarters before it was objected to by the BJP, has been significantly improved and controversial references or paragraphs regarding Maharaja Hari Singh and the Instrument of Accession have been dropped.
The petition, listed before the apex court Registry for December 3, challenges Article 35A of the Constitution, which grants special status to permanent residents of Jammu and Kashmir.
It was filed more than a year ago by ‘We The Citizens’, a Delhi-based non-governmental organisation, through its president Sandeep Kulkarni.
The sources have indicated that the government is hiring the services of a senior and seasoned Supreme Court lawyer to defend its position in the apex court, where the matter is listed before the Registry for Thursday.
The J&K Advocate General was not available for his comment, but one of his deputies confirmed that it had been decided to file the reply in the apex court.
On November 3, the apex court gave the state government final opportunity to file its response by or before December 3 after the counsel representing the J&K Government sought more time.
In the previous draft objections, which did not reach the Supreme Court, the J&K Government had sought dismissal of the petition challenging Article 35A on various grounds and stated that “accession” of J&K to India was “limited in scope and not absolute”.
In the previous draft, it had been stated that Maharaja Hari Singh wanted to remain independent and he “signed the Instrument of Accession with Dominion of India as the last resort to save his state from tribal invaders”, read the draft objection.
Govt files response to plea against Art 35A
