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Abrogation Of Article 370 Judgement: Review Petitions Filed In Top Court

By Rintu Mariam Biju      10 January, 2024 08:43 PM      0 Comments
Abrogation Of Article 370 Judgement: Review Petitions Filed In Top Court

NEW DELHI: Review petitions against the Supreme Court's recent ruling upholding the repeal of Article 370 of the Constitutionwhich had previously granted the former State of Jammu and Kashmir a special statushave been filed. 

In India, a binding decision of the Supreme Court/High Court can be reviewed in review petition. The parties aggrieved on any order of the Supreme Court on any apparent error can file a review petition.

Reportedly, Doctor Hussain, president of the J&K People's Movement, and Muzzafar Shah, president of the J&K Awami National Conference have moved the petitions. 

Last month, the Supreme Court declared Article 370 granting special status to J&K was a temporary provision, which was abrogated in a valid exercise by the Presidential order. 

In a major win for the Narendra Modi government, the apex court upheld the bold and historic decisions of August 5-6, 2019 decisions to dilute Article 370 of the Constitution, which took away special status of a border state, Jammu and Kashmir and bifurcated it into two Union Territories.

After the decision was pronounced, many members of the legal fraternity and others criticised it for several reasons. 

Former Supreme Court judge Madan Lokur said that the Supreme Court has erred and cannot be proud of its Kashmir judgement but, instead, should review it. 
Senior Advocate Fali S Nariman expressed his disappointment for not being able to see even a single dissent in the judgement. 

Indian journalist Anuradha basin said that the Supreme Courts 476-page verdict upholding the abrogation of Article 370 is a saga of historical distortions, selective amnesia and logic-less interpretation.



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