Supreme Court may hear 35A case on Thursday

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The Supreme Court will not hear the plea against Article 35A today as the case did not figure in final list issued by the SC registry Tuesday evening.

The case was listed in the advance regular cause-list at serial no.12 from February 19 to 21.

The case may now come up in the final list of February 21.

A total of four petitions have been filed in the Supreme Court challenging the legality of Article 35A on the grounds that it was never presented before Parliament and was implemented on the President’s orders in 1954. The petitioners argue that Jammu and Kashmir became an “integral part of India” when it acceded to the Union, so there is no question of special status or treatment.

The plea argues that the article denies property rights to women who marry citizens from outside Jammu and Kashmir. It also allows the Assembly to define “permanent residents” of the state. In 2002, however, the Jammu and Kashmir High Court had said that women from the state retain their property rights even if they marry men from outside the state

In August last year, the Supreme Court had adjourned the hearing till January after requests from the central and state governments that cited potential law-and-order problems during the panchayat and local body elections in the state.

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