Six petitioners move SC challenging Article 370 abrogation, J&K Reorganisation Bill

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Six retired military officers and bureaucrats, including former Air Vice Marshal Kapil Kak and retired Major General Ashok Mehta, moved the Supreme Court on Saturday challenging the Jammu and Kashmir (J&K) Reorganisation Bill and the abrogation of Article 370 by the Centre.

The petitioners who moved the apex court also include Radha Kumar, a former member of the Home Ministry’s Group of Interlocutors for Jammu and Kashmir (2010-11) and Hindal Haidar Tyabji, a former IAS officer belonging to Jammu & Kashmir Cadre.

Terming the presidential order on abrogation of Article 370 as constitutionally invalid, the petition states that a presidential order under “Article 370(3) of the Constitution requires the Constituent Assembly of Jammu and Kashmir to recommend a presidential notification under Article 370(3) declaring that Article 370 shall cease to be operative”.

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“The Jammu and Kashmir Constituent Assembly no longer exists and thus could not have made a recommendation to that effect,” the petition states.

Air Vice-Marshal (Retd) Kapil Kak, who was also the Deputy Director of Institute for Defence Studies and Analyses, Major General (Retd) Ashok Kumar Mehta, Amitabha Pande, former member of Punjab Cadre of IAS and Gopal Pillai – former IAS officer of Kerala cadre who retired as Union Home Secretary in 2011 have approached the top court.

(With ANi inputs)

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