Jammu, Mar 13 (KNS): The Delhi High Court on Tuesday adjourned the writ petition challenging the 1954 presidential order that prevents applicability of any amendment in the constitution of India to the state of Jammu and Kashmir.
In the petition titled Surjeet Singh Vs Union of India and Ors, the division bench headed by Acting Chief Delhi High Court and Justice C. Hari Shanker adjourned the hearing at the request of the petitioner.
The State of J&K through its counsels Advocate General Jahangir Iqbal Ganai and Additional Standing Counsel GM Kawoosa argued that the petition does not deserve to be entertained in Delhi High Court.
In the earlier hearings, the court has agreed with the view of the state on the grounds of forum non-conveniens (lack of Jurisdiction) and has sought response from the petitioners regarding the same. However the petitioners sought adjournment of the hearing for want of more time to respond, which was granted by the court.
The state government has also pleaded that the petition does not hold any ground as the Supreme Court of India has already settled the issue through various constitutional judgments delivered from time to time and hence Delhi High Court has no jurisdiction to entertain the petition.
The Counsel for the petitioners had pleaded that the petition can only be filled in any other court other than J&K High Court as the judges in the JK High Court do not take oath under the Constitution of India.
The petitioner has challenged the 1954 Order that adds a proviso to Article 368 of the Constitution. The added proviso says: “no such amendment shall have effect in relation to the State of Jammu and Kashmir unless applied by order of the President under Clause (1) of Article 370.” (KNS)