Thursday, August 29, 2019

Are these genuine concerns?

A total of 14 PILs over various aspects of the current situation in Kashmir came up for hearing before a bench of CJI Ranjan Gogoi, Justice SA Bobde and Justice Abdul Nazeer.

The Court allowed restrictions on communication and travel in Jammu and Kashmir to continue for now. It was the 24th day of the communication lock down since the formation of the union territory of Jammu and Kashmir.

The pleas can be divided into three types of petitions:-

 (a) The Habeas Corpus cases. CPI(M) General Secretary Sitaram Yechury and Syed, a 22 year old
       law graduate, had approached the Court in Habeas Corpus writ petitions.

       * All attempts to contact former CPI(M) MLA, MY Tarigami had failed since 05 Aug and the
          party was not even aware of where its politburo member was being kept under detention. He
          also claimed that Tarigami was suffering from illness and may need to be brought to Delhi for
          treatment.

       * Syed has claimed that he has not got information about his family in Anantnag, since 04 Aug.
          He claimed that the entire valley seemed to be under detention.

        Syed and Sitaram Yechury went to Srinagar today, in pursuit of their requests, as
        permitted by the Court.

  (b) Article 370 cases.

        10 petitions before the bench have raised legal challenges to the annulment of the Constitution
        and change to the special status of Jammu and Kashmir. The pleas have been filed by a variety
        of persons, including lawyers, bureaucrats, artists and politicians. The petitioners have alleged
        that Art 370 amendment could not have been done without the concurrence of a duly elected
        Constituent Assembly in Jammu and Kashmir.

        * The Court, as of now, has not passed any orders on the petition but has issued a notice
         to the government to respond to the pleas by Oct.

        * A five judge Constitution Bench is now expected to hear the Article 370 issues from the
         first week of October.

   (c) Pleas Against Communication Lockdown.

         Two petitions also addressed the communication lockdown in Kashmir.

         * Anuradha Bhasin of the Kashmir Times has flagged the issue of freedom of press being
            violated.
         * Social activist Tehseen Poonawala pointed out that essential services including ambulance,
            police and fire service are not accessible due to the curfew like situation and communication
            blockade.

         * The bench has adjourned the issue for a week, asking the government to respond on the
         issues raised in the petition.


Tailpiece.

Lekha had gone to the Maha Ganapathy kshetram at a half past 8 in the morning and returned about an hour and a half later. Mini had fetched up around a quarter past 3 and will be here with us till tomorrow afternoon. 

No comments:

Post a Comment