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SC seeks Centre's reply on plea against special status to J-K

Press Trust of India  |  New Delhi 

The Supreme today sought the response of the Centre on a plea challenging the validity of Article 370 of the Constitution that grants special autonomous status to

The challenged the April 11 order of the High rejecting a plea saying nothing survives in it as the apex has already dismissed a similar prayer on the issue.

A bench comprising Chief Justice J S Khehar and justices Adarsh Goel and issued notice to the Centre on the which also sought a direction to declare the Constitution of as "void", "illegal" and "ultravires" of the Constitution of


The bench asked the to reply within four weeks.

In her petition, Kumari Vijayalakshmi Jha claimed that the high court had dismissed her plea by "wrongly following and misreading" the earlier judgement of the apex court.

She had contended in the high court that Article 370 was a temporary provision that had lapsed with the dissolution of the state's Constituent Assembly in 1957.

The had said that the continuance of Article 370 even after the dissolution of the state's Constituent Assembly and the J-K Constitution never getting the assent of the President of or Parliament or of India, amounted to "fraud on the basic structure of our Constitution".

Advocate Anil Kumar Jha, appearing for the petitioner, claimed that the high court considered only the first prayer and had not taken into account other prayers mentioned in the plea.

He said that earlier judgement of the apex court in 1969 was in a different context and, hence it could not have been relied upon.

"The high court kept the judgement reserved for about 13 months and on April 11, 2017 pronounced the verdict dismissing the writ petition without considering the merits/issues involved therein," the petition said.

It also said the high court did not consider the judgment passed and ratio laid down by the apex court.

In July 2014, the Supreme Court had dismissed a plea challenging the special status granted to and had asked the petitioner to move the high court.

(This story has not been edited by Business Standard staff and is auto-generated from a syndicated feed.)

First Published: Tue, August 08 2017. 17:42 IST
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