Refugees go to SC against Article 35A

They migrated from West Pakistan

Some refugees from West Pakistan, who had migrated to India during Partition, have moved the Supreme Court challenging Article 35A of the Constitution relating to special rights and privileges of permanent residents of Jammu and Kashmir.

The petition said nearly 3 lakh refugees had arrived from West Pakistan, but those settled in Jammu and Kashmir had been denied the rights guaranteed under Article 35A.

A Bench of Chief Justice Dipak Misra and Justices A.M. Khanwilkar and D.Y. Chandrachud tagged the plea of the refugees, who are settled in Kathua district of Jammu and Kashmir, with similar matters pending before it. The court had, on the request of the Jammu and Kashmir government, posted the matters challenging the Article for hearing after the Deepavali holidays.

Earlier, a Kashmiri Pandit woman, Charu Wali Khanna, had approached the court challenging the provision.

Petitioners Kali Das, his son Sanjay Kumar and one other, in their plea, said they were raising issues seeking conferment of basic natural and human rights.

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