x

Like our Facebook Page

   
Early Times Newspaper Jammu, Leading Newspaper Jammu
 
Breaking News :   Terrorist killed during gunbattle in Jammu and Kashmir's Kulgam; arms, ammunition seized in Rajouri | Terrorist hideout busted in Rajouri | JEE-Mains exam to be held between September 1 to 6, JEE-Advanced on September 27 and NEET on September 13: HRD Minister Ramesh Pokhriyal ‘Nishank’ | Indian Army deploys another division in East Ladakh amid border row with China | Dumped after becoming irrelevant | The Ball is in China’s Court | Haiku: The Japanese Poems | Agribusiness Centres for Rural Employment Generation | India On The Right Course | Transfer order of lecturers leaves School Education Department ‘red faced’ | Hawala allegations put BJP in dilemma for new SMC Mayor | PDP jumps into chorus as SMC’s mayoral fiasco turns shriller | Omar under fire for opposing domicile to West Pak refugees, Valmikis | Jolted by no-confidence motion, BJP goes into damage control exercise | JKPDC faces shortage of engineers, several posts vacant | 5 engineers enjoy ‘unending’ deputation in Jal Shakti Department | Hr Edu Deptt indecisive about taking call about college students | PCB reprimands MC Rajouri for dumping garbage in Salani river | COVID-19 death toll in JK reaches 119 as four more die, 170 fresh cases come up | Era of expansionism is over; India's enemies have seen ''fire and fury'' of its armed forces: Modi | Programme of Gayatri Mantra chanting organized | JKTF reconstitutes body for Jammu district | ‘Constant vigilance, consumer awareness key in combating trade of illicit goods’ | Religious places to continue to remain closed till further orders | Munish Gupta asks government to solve problems of people of lane 7 Digiana | With sticks, Forest employees douse fire in Shangus forests | Chief Justice Gita Mittal interacts with lawyers, judicial officers | CAT has no jurisdiction to hear J&K Bank cases : High Court | Commuters suffer, authorities unmoved as Mendhar BG Gali road continues to be in shambles | 47 fresh positive, 1824 cumulative cases, 10 recovered and 26 deaths till date in north Kashmir | Udhampur Police solve murder case, main culprit held | One more Govt employee arrested for running anti-India campaign on social media | ACB produces chargesheet against two in fraudulent appointments case | School land under threat of illegal occupation, admin mute spectator | Militant responsible for Bijbehara attack, CRPF HC killed in Srinagar encounter | Div Com Jammu inspects Jammu Ring Road project | Amarnath Yatra: HC seeks details of quarantine facilities, treatment of COVID-19 patients | Director RDD&PR visited remotest parts of Kishtwar, inspect developmental works | Navin chairs NMSA, NeGP-A Committees meeting | PCB Ramban conducts anti polythene drive in Chanderkote | DC Poonch provides cash relief to victim of cross border shelling | Hillview Honda unveils New Honda WR-V | Cancel delimitation based on Census 2011 to dispense justice to Jammu: Mahajan | NGO Jiyo Aur Jeene Do organizes plantation drive | Immune Booster medicines distributed in Galak Panchyat | Congress hold protest across Kathua district against fuel prices | 2 bovine smugglers arrested, 18 bovines rescued | JKTJAC demands delegation of DDO powers, postings of ZEOs | CLUJ faculty , students Participate in two days online webinar | Power shut down | Jhajjarkotli-Udhampur Transmission Line being charged on July 6 | Dwivedi holds I&C, GAD officers’ meets, reviews Darbar Move arrangements | 2,400 Ceasefire Violations by Pakistan Along LoC Killed 14 Indians in Past 6 Months | Penalty imposed on RTC Driver | Tehsildar conducts market checking of Kishtwar town | Increase in number of orphans, abandoned babies in Kmr | Back Issues  
 
news details
HC dismisses petition challenging J&K State Reorganization Act
9/11/2019 11:08:03 PM
Early Times Report
SRINAGAR, Sept 11: Justice Ali Mohammad Magrey dismissed petition seeking quashment of J&K State Reorganization Act 2019.
In the petition filed by Abdul Gani Bhat seeking quashment of J&K State Reorganization Act recently passed by the Indian Parliament, bisecting the State into two Union Territories-may be declared as without jurisdiction, non-existent in law and also seeking direction to respondents not to interfere with the autonomy of the State in matters other than the three ceded to the Indian Union.
The petitioner also submitted that the uncalled for curfew and restrictions may be got removed from Kashmir as detailed in the head note, forthwith, so that people are able to live and enjoy their lives, undisturbed and peacefully, without fear.
It is further submitted in the petition that the people of Kashmir may be compensated appropriately for their illegal confinement in their homes, and snatching their cherished liberties, which are the most precious and crowing of fundamental rights of the people, as held by the Supreme Court of India though its umpteen judgments, by clamping curfew and restrictions, from August 5, 2019 till date and the Respondents may be directed to come out with the reasons for imprisoning I keeping under house arrest, the political leaders and others of Kashmir and of its adjoining districts.
Justice Ali Mohmmad Magrey after hearing petitioner in person whereas ASGI Tahir Majid Shamsi for the Union of India observed that it is seen from the record of the petition that on its presentation, the Registry of the Court on 16.08.2019 reported that the writ petition was defective in as much as copy of the Act impugned by the petitioner in the petition had not been appended with the petition. In this connection, a notice was issued to him by the Registry on 19.08.2019 pointing out to him the deficiency and requiring him to remove the same in terms of Rule 88(1) of the J&K High Court Rules, 1999. The record further depicts that copy of the above notice was duly received by the petitioner on the same day, but he has not removed the deficiency till date. Not only that, none of the orders, Acts or laws spoken of in prayer clause (iii) of the petition by the petitioner, as quoted above, which he seeks to be quashed, have been specified by him, nor have copies thereof been placed on record of the petition. It hardly needs a mention here that the requirement of law is that something that is challenged in a petition must be placed before the Court and on record of the petition, as its annexure.
Justice Magrey observed that given the said factual scenario, since the Apex Court is seized of the issues raised before this Court in this petition in the various writ petitions pending before it, as enumerated above, this Court cannot entertain this petition and proceed to hear it. However, there are two options available to this Court: first being to adjourn this petition and to wait for the final decision of the Supreme Court in the above writ petitions; and the second is to dispose of this writ petition, leaving the petitioner free to approach the Supreme Court to file a separate writ petition there or to seek intervention in the writ petitions pending before the Supreme Court, to put across his point based on his perceptions of law and facts.
—JNF
  Share This News with Your Friends on Social Network  
  Comment on this Story  
 
 
 
Early Times Android App
STOCK UPDATE
  
BSE Sensex
NSE Nifty
 
CRICKET UPDATE
 
 
 
 
 
 
 
 
   
Home About Us Top Stories Local News National News Sports News Opinion Editorial ET Cetra Advertise with Us ET E-paper
 
 
J&K RELATED WEBSITES
J&K Govt. Official website
Jammu Kashmir Tourism
JKTDC
Mata Vaishnodevi Shrine Board
Shri Amarnath Ji Shrine Board
Shri Shiv Khori Shrine Board
UTILITY
Train Enquiry
IRCTC
Matavaishnodevi
BSNL
Jammu Kashmir Bank
State Bank of India
PUBLIC INTEREST
Passport Department
Income Tax Department
JK CAMPA
JK GAD
IT Education
Web Site Design Services
EDUCATION
Jammu University
Jammu University Results
JKBOSE
Kashmir University
IGNOU Jammu Center
SMVDU