HC rejects PIL against J&K division

HC rejects PIL against J&K division


The Madras High Court has dismissed a public litigation challenging the reorganisation of State of Jammu and Kashmir into two Union Territories with Sri Nagar and Jammu forming one UT and Ladakh the other.

Dismissing as not maintainable a PIL filed by M L Ravi, leader of Desiya Makkal Sakthi Katchi, to declare the bifurcation as null and void, a bench of Justices M Sathyanarayanan and N Seshasayee held that only a permanent resident of the State could be an aggrieved person who would have the locus to challenge the Constitution amendment.

The bench said the presidential order abrogating Art 370 and 35 A which granted special status and prohibited purchase of land and other properties was applicable only to Jammu, Srinagar and Ladakh regions.

Moreover a similar challenge was pending before a Constitution bench of the Supreme Court. The high court had, therefore, no jurisdiction to entertain the same plea, the judges held on Thursday, dismissing the petition at the admission stage itself.