Kapil Sibal said in the Supreme Court, the integration of Jammu and Kashmir in India will always be indisputable
New Delhi (IANS). Senior advocate Kapil Sibal told a constitution bench of the Supreme Court on Wednesday that the integration of Jammu and Kashmir with India “is indisputable, was indisputable and will always be indisputable.”
Sibal, appearing for the petitioners challenging the 2019 presidential order revoking the special status of Jammu and Kashmir and bifurcating it into two Union Territories of Jammu and Kashmir and Ladakh, said, “Before starting I would like to make a statement We are clear that the integration of Jammu and Kashmir in India is undeniable, was undeniable and will always be undeniable.”
He said during the hearing, “The state of Jammu and Kashmir will continue to be a part of India. No one has disputed this, no one has ever disputed this. Jammu and Kashmir is a unit of the Indian Union.
Senior advocate Kapil Sibal described the proceedings as “historic” and questioned the validity of the Jammu and Kashmir Reorganization Act, 2019, which bifurcated the erstwhile state into two union territories – Jammu and Kashmir and Ladakh.
He said, “This is a historic moment in more ways than one. This court will analyze why history was discarded on August 6, 2019 and whether the procedure adopted by the Parliament was in consonance with democracy? Can the will of the people of Jammu and Kashmir be silenced like this?
He argued that the people of Jammu and Kashmir cannot be deprived of a representative form of government through an “order” from the central government which is “inconsistent with our Constitution”.
“It is historic because it took five years for this court to hear the matter and for five years there was no representative government in the state of Jammu and Kashmir,” he said.
Sibal questioned the imposition of Emergency in J&K and said that the Constitution Bench would have to interpret Article 356 of the Constitution, which seeks to “restore democracy” and through that Article “democracy (in J&K)”. how destroyed.”
Chief Justice of India D.Y. A five-judge constitution bench of the Supreme Court, headed by Chandrachud, on Wednesday began hearing petitions challenging the abrogation of Article 370 of the Constitution.
Justice Sanjay Kishan Kaul, Sanjeev Khanna, B.R. Gavai and Suryakant are also included. The bench will hear the matter continuously from August 2, except on Mondays and Fridays.
Senior advocates Kapil Sibal, Gopal Subramaniam, Rajiv Dhawan, Dushyant Dave and other lawyers will present the arguments on behalf of the petitioners and intervenors in the matter.
The proceedings before the Constitution Bench are being streamed live by the Supreme Court on its YouTube channel and the transcript of the proceedings will be released on its official website.
A large number of petitions have been filed by political parties, private individuals, lawyers, activists, etc. challenging the Jammu and Kashmir Reorganization Act, 2019, which bifurcated Jammu and Kashmir into two Union Territories.
Earlier, another constitution bench had ruled against the need to refer the matter to a seven-judge bench.
In a fresh affidavit before the apex court, the central government has defended the abrogation of Jammu and Kashmir’s special status, saying its decision to dilute Article 370 has brought unprecedented development, progress, security and stability to the region.
The Union Home Ministry said street violence by terrorists and separatist networks is now a thing of the past and “incidents of organized stone-pelting linked to militancy-separatist agenda, which were 1,767 in 2018, to come down to zero in 2023” ”
The Center asserted that it has adopted a policy of zero tolerance against terrorism and the security situation in Jammu and Kashmir has improved significantly after the constitutional changes.
Intervention applications have also been filed by Kashmiri Pandits supporting the Centre’s move to snatch away the special status granted to the erstwhile state of Jammu and Kashmir.
