The speculations regarding Article 35 A had been the talk for a while now. The Supreme Court hearing scheduled for Friday was being considered as an answer to many questions regarding the same. However, the hearing of the article that empowers the J&K assembly to define “permanent residents” who are entitled to special rights and privileges, was adjourned until January next year.
The decision to postpone the hearing was based on the fact that the panchayat polls would go on till December. Since Article 35A is closely linked to the people of Kashmir and evokes strong sentiments, paramilitary forces are being sent into the state to conduct the Panchayat polls smoothly.
Prior to this, Chief Justice of India Dipak Misra and Justice A M Khanwilkar and D Y Chandrachud also did take the case up, since the petitioner had asked for adjourning the hearing.
The latest plea that stands in the course of hearing is by Lawyer and Delhi BJP leader Ashwini Upadhyay. According to him Article 35A violates the fundamentals of equality, freedom of speech and expression, dignity of women and the right to life and personal liberty.
Earlier as well, petitions including one by the NGO ‘We the Citizens’ was adjourned. ‘Ikkjut Jammu’, another NGO file a plea which stated that Article 35A speaks of the “two nation theory which is against the theory of secularism’.
The article, which was incorporated in 1954 by President Rajendra Prasad, still stands as is and the final verdict is yet to be delivered. While it is difficult to guess what happens next, only time will tell the truth.
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