Application filed before SC seeking early Hearing of Pleas Challenging changes made to Article 370 of Constitution of India

Shakir Shabir(Applicant) had preferred the Public Interest Litigation under Article 32 of the Indian Constitution challenging the promulgation of the Constitution (Application to Jammu and Kashmir) Order, 2019 vide the impugned notification G.S.R. 551 (E) [C.O. 272] dated 05.08.2019, amending Article 367 of the Constitution of India is arbitrary, whimsical and void ab initio as also being ultra vires to the Constitution. Apart from the present petitioner, the following petitions, to the knowledge of the present petitioner, also have come to be filed challenging the impugned order dated 05.08.2019.

The Applicant in its submission stated:

“that while the purported intent of the impugned order has continually been portrayed to have been for the betterment of the populace of the erstwhile State of Jammu & Kashmir, the truth remains that it is the very people who are presently suffering in the midst. Not only due to repeated internet shutdowns and reduced internet speeds have the students and businesses being suffering in Jammu and Kashmir, the impugned order and the slew of restrictions continually damage the economy as well as everyday life of the locals, who have been completely kept away from the entire process despite the fact that each change under the laws detrimentally effects the locals at an individualistic level. In a report published in the national daily “The Hindu” on 05.08.2020, one year after the impugned order had been passed, it has been observed that “with the tourism industry crippled and 4G Internet still not restored, J&K’s economy has suffered. While terrorism considerably dipped, cross-border infiltrations have gone up and more locals are being recruited for terrorist activities.” It further mentions that tourism, which forms 8-10% of J&K’s GDP, was in a shambles after the August 5, 2019 lockdown. Moreover, as per Kashmir Chamber of Commerce & Industry in the 120 days after August 5, 2019, the 10 districts of the Kashmir Valley suffered a loss of ₹17,878.18 Crores. A copy of news report dated 05.08.2020 published in The Hindu titled “Data| One year since Article 370 revocation: economy crippled, more locals take up militancy, and more” has been marked and annexed herewith as Annexure No. A-1.”

Further the Applicant prayed before the Court that In the circumstances, it is, therefore, most humbly and respectfully prayed that this Hon’ble Court may graciously be pleased to:

I. Allow the present application for early hearing and direct the listing of the captioned petition and connected matters before the duly constituted constitution bench for further hearing; and 

II. Pass such further order or orders as this Hon’ble Court may deem fit and necessary in the facts of the present case