Plea in Supreme Court against changes to Article 370

Says they do not have people’s consent

Updated - August 17, 2019 10:18 pm IST

Published - August 17, 2019 10:13 pm IST - NEW DELHI

A view of the Supreme Court of India building in New Delhi. File

A view of the Supreme Court of India building in New Delhi. File

A petition filed in the Supreme Court jointly by a group of eminent citizens who had served in Jammu and Kashmir in high bureaucratic and military positions, has challenged the amendment made to Article 370 of the Constitution and the reorganisation of the State into two Union Territories.

The petition filed on Saturday described the amendments as striking at the heart of the principles on which the State of J&K integrated with India, especially as they had no affirmation/sanction from the people of J&K.

The petition said the consent of the people before amending Article 370 was a constitutional imperative.

Activists and officials

The petition has been filed by Radha Kumar, a former member of the Home Ministry’s Group of Interlocutors for Jammu and Kashmir (2010-11), as well as an academic and policy analyst who has worked on conflicts and peacemaking in South Asia, Europe and Africa for over 20 years.

The next petitioner is Hindal Haidar Tyabji, a former Chief Secretary of the State of Jammu, followed by Air Vice Marshal (retired) Kapil Kak, a permanent resident of Jammu and Kashmir and decorated officer.

The other petitioners are Major General (retd.) Ashok Kumar Mehta, who has held postings in the Uri Sector and fought in the 1965 and 1971 India-Pakistan wars; and Amitabha Pande, a former Secretary of the Inter State Council of the Government of India.

And finally, Gopal Pillai, a former Union Home Secretary who has dealt with the State in both peacetime and turmoil.

The petition was drafted by advocates Arjun Krishnan, Kaustubh Singh and Rajlakshmi Singh.

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