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'Historical day,' Solicitor General Tushar Mehta on Supreme Court judgment

By LAWSTREET NEWS NETWORK      11 December, 2023 03:50 PM      0 Comments
Historical day Solicitor General Tushar Mehta on Supreme Court judgment

NEW DELHI: Solicitor General Tushar Mehta on Monday said the Supreme Court's judgment, upholding the Union government's decision to abrogate Article 370 of the Constitution, will go down in the history as one "exhibiting astounding scholarship, concern for rule of law and for the fundamental rights of equality of every resident of J&K irrespective of religion, sex, caste or creed".

"Being the only lawyer involved in the process of abrogation of Article 370 through constitutional and legal means before 5th August, 2019 and having led the arguments before the Constitution Bench of the Supreme Court while defending the constitutional process, it is a historical day for me too," he said.

He said August 5, 2019 and this date would go down in the history of the country when a "himalayan constitutional blunder of the past with gigantic proportion is ultimately corrected".

"I have had the good fortune of witnessing and being a part of the entire process which exhibited their exemplary resolve coupled with minute coordination of the smallest details and flawless and scientific stewardship of the parliamentary process and floor management inside the House," he said.

Calling the judicial adjudication by the Supreme Court as "equally historical and rare", he said, "The highest court of the country, the most powerful court in the world, has stood by the constitutional values and has secured to all the residents of Jammu and Kashmir their legitimate rights which they were deprived of since independence while taking care of democratic election also".

"Having extensively read the history behind insertion of Article 370 into our constitution, I can confidently say that the soul of Sardar Patel will be fully contended today as the provision which he could not prevent from being inserted in the Constitution of India has finally gone. He must be showering his blessings upon Shri Narendra Modiji and Shri Amit Shahji," he added.

A five-judge Constitution bench decided the matter which consisted of all first five senior-most judges viz. Dr Justice D Y Chandrachud, Chief Justice of India, Justice S K Kaul, Justice Sanjiv Khanna, Justice Bhushan R Gavai and Justice Surya Kant.

A historical bench presided by the Chief Justice of India and also comprising of three future Chief Justices of India, he pointed out.

"All five are legendary judges who are undisputably intellectual giants. Very patient hearing given to all sides for more than three weeks," he said.

Mehta said it is only the iron will of our Prime Minister Narendra Modiji and resolute decisiveness and brilliant strategy of Home Minister Shri Amit Shahji which made this historical decision possible.

"The nation will ever remain indebted to them," he said.



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