Centre objects to mention of J&K’s detained leaders

By Samanwaya Rautray

NEW DELHI: The Centre on Wednesday strongly objected to any reference to political leaders in Kashmir being held in detention during a debate on the constitutional validity of the government notifications of August 5 and 6 scrapping the special status accorded to the erstwhile state of J&K in the Indian Union under Article 370.

Solicitor General Tushar Mehta objected to the remarks made by J&K High Court Bar Association, through senior advocate Zafar Shah, drawing the court’s attention to the detention of “political leaders” who believe in the Indian Constitution as opposed to the “separatists” who speak of a “referendum”.


Shah also referred to the “constitutional fraud” perpetuated on the people of the state by the government move to change the manner in which they are governed without consulting them.

Mehta objected to arguments of a political nature being raised in the court, insisting that they be confined to legal points involved in the challenge to the government move. “Such political statements should not be made in court,” Mehta said.

Shah was arguing on behalf of the J&K High Court Bar Association. The former state was divided into three Union Territories under the notifications. A five-judge bench of the court led by Justice NV Ramana, who is in line to be CJI after SA Bobde demits office, is currently hearing a slew of petitions challenging the notifications.

Among other things, the bench will decide if the issue should be decided by a larger bench of seven judges. Arguments in the preliminary round were expected to revolve around whether the petitions should be decided by a larger bench but the issue of the validity of the move has crept in.

On Tuesday, senior advocates Dinesh Dwivedi and Sanjay Parekh had contended that the will of the people could not have been bypassed in making any decision about their fate.