Article 370 for special status to J&K is not a temporary provision: Supreme Court
Article 370 for special status to J&K is not a temporary provision: Supreme Court
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New Delhi: The Supreme Court has said Tuesday that Article 370 of the Constitution, which gives special status to Jammu and Kashmir, is not a momentary provision.

The apex court noted that in its earlier judgment of 2017 in the SARFESI case, it has been already said that Article 370 was "not a temporary provision".

"The issue concerned is covered by the judgement of this court in the 2017 SARFAESI matter, where we have held that despite the headnote of Article 370, it is not a temporary provision," a bench of justices AK Goel and RF Nariman stated.

During the hearing, Additional Solicitor General Tushar Mehta appearing for the Centre stated that the issue be heard after some time as similar matters are pending before the court and are to be listed soon.

Senior advocate Rajeev Dhavan and advocate Shoeb Alam appearing for the Jammu and Kashmir government clarified that other matters which are awaiting before the top court relates to Article 35 A of the Constitution and not Article 370 as submitted by the ASG.

Dhavan said that those matters cannot be heard along with the current case, which only deals with Article 370.

The bench then adjourned the issue for hearing by three weeks on the affirmation of the ASG.

The top court was hearing an appeal filed by petitioner Kumari Vijayalakshmi Jha, in opposition to the Delhi High Court's April 11, 2017 verdict dismissing the plea seeking a declaration that Article 370 is temporary in nature.

 

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