Citation : 2005 Latest Caselaw 814 Del
Judgement Date : 18 May, 2005
JUDGMENT
B.C. Patel, C.J.
1. Indian Ex-servicemens' Bar Association has filed the writ alleging that the First Schedule to the Constitution of India defines the State of Jammu and Kashmir to include the territory which "immediately before the commence of the Constitution" comprised in the Indian State of Jammu and Kashmir. It is alleged that this ought to be re-phrased as to include territory comprising of the State of Jammu and Kashmir "immediately before 15.8.1947"
2. The prayers made is as under:-
"(a) Direct the respondents to initiate forthwith all such steps as are appropriate in law to convene a special session of the Parliament and pass the appropriate legislation in order to suppress the above mischief.
(b) pass such other or further order(s) or directions as may be deemed fit and proper in the facts and circumstances of this case."
3. In our considered view, no mandamus can be issued, as prayed for by the petitioner.
Dismissed.
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