AIKS seeks intervention to dismiss writ petition challenging the constitutional validity of the 2019 order and the 2019 Act.

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AIKS seeks intervention to dismiss writ petition challenging the constitutional validity of the 2019 order and the 2019 Act. through a legal application, All India Kashmiri Samaj (AIKS) has sought intervention in the matter dealing with the case of a few persons having approached the Hon’ble Supreme Court of India to set aside the August 6, 2019 orders of Government of India to nullify Articles 370 and 35A of the Indian Constitution. 

The Apex Court has decided to refer the matter to the Constitution Bench. By way of the application, AIKS has supported the Presidential Order of August 5, abrogating Article 370, 35A and bifurcating the Jammu & Kashmir into two Union Territories- Union Territory of Jammu & Kashmir and Union Territory of Ladakh. 

The application drawn by Advocates, Rahul G Tanwani, Manan Sanghai, VC Shukla and Prashant Singh will be filled through Advocate Anantha Narain MG. 

The application says that Article 370 was a transitory provision that was enacted keeping in mind the peculiar situation of Jammu & Kashmir and to enable the State to completely integrated with the Union of India. It categorically provides power to the President to cease the operation of the Article by way of public notification.

The notification is in consonance with the provisions of Article 370. The treaty of Accession of Jammu & Kashmir to the Republic of India was an unconditional one and it was always the intention of the State of Jammu & Kashmir to be completed integrated with the Republic of India. Article 370 was a temporary provision inserted with the object of peace, security, law and order in the State, the application says. 

 

Further the application states that the separate Constitution will cease to operate and UTs would be subject to the Constitution of India.

 

Hence AIKS wishes to intervene and Implead in the writ petition filed in the form of PIL to oppose the said writ petition as the important stake holders in the determination of the Kashmir issue. Further requests to dismiss the writ petition challenging the constitutional validity of the 2019 order and the 2019 Act.

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