Scrapping of special status to J&K valid, Rules Supreme Court

Directs EC to hold polls before Sep 2024, Asks Centre to restore Statehood at an earliest

Srinagar, Dec 11 (KNO): The Supreme Court on Monday upheld the President’s order allowing the Centre to amend Article 370 without the recommendation of the Constituent Assembly.

Supreme Court Upholds Abrogation of Article 370, Mandates Elections by September Next Year

Delivering the landmark judgement, the 5-judge bench headed by Chief Justice DY Chandrachud, as per the news agency—Kashmir News Observer (KNO) held that exercise of presidential power to issue constitutional order abrogating Article 370 of Constitution is valid.

The Court observed that when Constituent Assembly of J&K ceased to exist, special condition for which Article 370 was introduced ceased to exist.

The top also directed that restoration of statehood in Union Territory of J&K shall be done at the earliest and steps be taken by the Election Commission of India to conduct elections to J&K Assembly by Sep 30, 2024.

The Supreme Court said that it cannot sit in appeal over the decision of the President of India on whether the special circumstances under Article 370 exist.

History shows the gradual process of constitutional integration was not going on. It was not as if after 70 years, the Constitution of India was applied in one go. It was a culmination of the integration process.

“We have held that all provisions of the Constitution of India can be applied to Jammu and Kashmir using Article 370(1)(d) in one go. We do not find the use of Presidential power to issue CO 273 was mala fide. Thus we hold the exercise of Presidential power to be valid,” Chief Justice said.

The Court held that Article 370 is a temporary provision and was an interim arrangement due to war conditions in the state.

“The state of Jammu and Kashmir does not have internal sovereignty different from other states. Whether Jammu and Kashmir retained an element of sovereignty or internal sovereignty when it joined the Union of India, we have held no.”

The top court there is a clear absence in the Constitution of Jammu and Kashmir to the reference of sovereignty and that the State became an integral part of India is evident from Articles 1 and 370 of the Constitution of India.

The Supreme Court refused to rule on the validity of the Presidential rule imposed in Jammu and Kashmir in December 2018 since it was not specifically challenged by the petitioners.

“When a proclamation under Article 356 comes into force, countless decisions are taken by the Centre. Not every action can be challenged,” the court said—(KNO)

SC upholds abrogation of Article 370, calls for polls by September next year

New Delhi, Dec 11: The Supreme Court on Monday upheld the government’s decision to abrogate Article 370, which bestowed special status on the erstwhile state of Jammu and Kashmir, and said steps should be taken to conduct elections in the assembly by September 30 next year. Writing the judgement for himself and Justices Gavai and Surya Kant, Chief Justice of India D Y Chandrachud said Article 370 of the Constitution was a temporary provision and the president has the power to revoke it.

The apex court also upheld the validity of the decision to carve out the union territory of Ladakh from Jammu and Kashmir in August 2019.

The erstwhile state of Jammu and Kashmir does not have internal sovereignty different from other states of the country, he said. ”… all provisions of the Indian Constitution can be applied to J-K,” the CJI said.

”We hold the exercise of presidential power to issue constitutional order abrogating Article 370 of Constitution as valid,” the CJI said. Jammu and Kashmir became an integral part of India and this is evident from Articles 1 and 370, he said while pronouncing the judgment.

“The Constituent Assembly of J&K was never intended to be permanent body,” the CJI stated. Article 370, which was abrogated on August 5, 2019, was an interim arrangement due to war conditions in the erstwhile state, Justice Chandrachud said.

The princely state had become an integral part of India and this is evident from Articles 1 and 370, the CJI said.

The bench comprising CJI D Y Chandrachud and Justices Gavai, Surya Kant, Sanjay Kishan Kaul, Sanjiv Khanna, assembled at 10.56 am to pronounce the three separate and concurring judgements Justices Kaul and Khanna wrote their judgments separately.

The apex court reserved its verdict in the matter on September 5 after a 16-day hearing on a batch of petitions challenging the abrogation of the provisions of Article 370.

The pronouncement of the verdict by the CJI is underway.–(PTI)

Cyber Police Kashmir Issues Advisory Urging Responsible Social Media Use

Srinagar, Dec 10: Cyber Police Kashmir on Sunday issued an advisory urging social media users in the region to exercise responsibility aimed at discouraging spread of rumors, fake news, hate speech, and inappropriate content.

“All the social media users are advised to use social media platform responsibly and refrain from sharing rumours, fake news, hate speech or obscene, violent and defamatory content,” reads an advisory issued by Cyber Police, as per GNS.

“Moreover, social media users are cautioned not to indulge in propagation of terrorist and secessionist ideology and false narrative.”

“Circulation of any incriminatory content received from other users without verifying the actual facts may be avoided and on noticing/receiving any such information, instead of sharing with others, immediately inform Cyber Police Kashmir. Stay informed, be responsible,” the advisory further added. (GNS)