Agencies New Delhi, Feb 14: Invoking the constitutional bench judgments delivered by the Supreme Court on the issue, J&K Government on Monday contested a petition filed in Delhi High Court which has challenged the 1954 Presidential Order that prevents applicability of any amendment in Constitution of India to Jammu and Kashmir.
The petition (Surjeet Singh Vs Union of India & Others) has challenged the 1954 Order that adds a proviso to Article 368 of the Constitution. The added proviso says “no such amendment shall have effect in relation to the State of Jammu and Kashmir unless applied by order of the President under Clause (1) of Article 370.”
“We pleaded whether the High Court has jurisdiction to entertain the petition on the grounds of doctrine of forum convenience,” State Advocate General Jahangir Iqbal Ganai, who represented the State, told sources over phone from New Delhi. He was aided by State’s standing counsel in the Supreme Court, Muhammad Shoieb Alam, and Advocate GM Kawoosa.
In his argument the Advocate General said he referred to the two constitutional judgments by the apex court, Pooranlal Lakhanpal Vs President of India and Sampant Prakash Vs State of J&K and others.
“The Supreme Court has settled the issue through these constitutional judgments and hence the High Court has no jurisdiction to entertain the petition,” said Ganai.
The case was heard by the division bench headed by the Chief Justice of Delhi High Court and has been listed for next hearing on March 20.
“We contested the petition at the pre-notice stage and no notice has been issued to the State over the petition,” said the Advocate General.
Last week a New Delhi based newspaper reported that the Delhi HC had asked the petitioners why they hadn’t gone to the J&K HC to which petitioner’s counsel had said that “judges in J&K High Court do not take oath to bear true faith and allegiance to the Constitution of India as by law established”, and a question regarding a Constitutional principle could not, therefore, be heard before that Court.
Subsequently the Delhi HC had asked for a reply from the J&K government and Centre. There was no argument on the issue in the court today, said the Advocate General.
