SC rejects petition on validity of definition of ''India''

New Delhi, Feb 5 (UNI) The Supreme Court today dimissed a petition challenging the constitutional validity of the definition of India given in various central acts by the part-B states (laws) act 1951.

The Central acts define India as ''the territory of India excluding the state of Jammu and Kashmir.'' Two petitioners B S Billowria and Manzoor Ali Khan, both advocates and permanent residents of J&K, in thier petitions contended that the separatists, militants, secessionists and supporters of Pakistan in J&K, including tourists and visitors misuse the definition to impress upon the people that Jammu and Kashmir is not an integral part of India.

The petitioners' counsel Bhim Singh and D K Garg contended before the bench comprising Justices B N Agrawal and P P Naolekar that the definition of India has been substituted in an unconstitutional manner and is against the essence and spirit of sovereignty and integrity of India as has been mentioned in the preamble of the constitution of India.

The petitioners have also raised an important point whether the territory of India i.e Bharat as described in article 1 read with 1st schedule of the constitution of India can be curtailed and cut short in central act enacted by Parliament by adding a definition of India to the effect India means territory of India excluding state of J&K, giving impression that Jammu and Kashmir is not an integral part of India.

Most of the central acts like Indian penal code, Indian evidence act etc. describe India as territory of India excluding J&K and most of the acts have been made inapplicable to the border state.

The court, however, dismissed the petition holding that there was no merit in it.

UNI