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Article 35A: Will only examine if it is violative of Constitution says SC, hearing adjourned


Srinagar, Aug 6: The Supreme Court has adjourned hearing on a petition that challenged Article 35A in Jammu and Kashmir. The Bench headed by Chief Justice of India, Dipak Misra said that it would examine whether Article 35A violates the basic structure of the Constitution.

Article 35A: Will only examine if it is violative of Constitution says SC, hearing adjourned

The court while adjourning hearing on the matter said that it would consider the challenge to the article as we as whether it should be referred to a five judge Bench or not. This challenge to the article has come after 60 years, the Bench said.

The Bench was appraised of the situation in the Valley ahead of the hearing. The Bench said that before every hearing there is a shutdown in Jammu and Kashmir. We will only see if this provision goes against the basic structure of the Constitution or not the SC also said.

Meanwhile shops and business establishments were closed across the Valley while all kinds of transport remained off the roads due to the strike called.

What is Article 35A and why is there is an objection to it

The state government filed an application before the Registrar of the Supreme Court, informing that it is going to seek adjournment of the hearing of the petition in view of the "ongoing preparations for the upcoming Panchayat and urban local body and municipal elections in the state".

Various organisations included Bar Association, transporters and traders' bodies have extended support to the shutdown call of the JRL, comprising Syed Ali Shah Geelani, Mirwaiz Umar Farooq and Mohammad Yasin Malik.

Protests have been held across the length and breadth of Kashmir over the past few days with mainstream parties like the National Conference and PDP also holding rallies in support of continuing Article 35A.

Train services as well as the Amarnath yatra have been suspended in the Valley in view of the strike called by separatists.

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