Is Article 35A unconstitutional? Supreme Court to hear plea from Aug 27
New Delhi, Aug 6: The Supreme Court on Monday refused to hear the challenge to Article 35A in the absence of a judge of a three-judge bench that was hearing the case and directed the next hearing on August 27.
It also said that on its next hearing it will decide whether the matter should be referred to a five-judge Constitution Bench.
As some lawyers insisted on the hearing, a bench of Chief Justice Dipak Misra and Justice A.M. Khanwilkar said as the matter was being heard by a three-judge bench also comprising of Justice D.Y. Chandrachud, and since the later was not available, it could not be heard.
"Article 35A is in vogue for the last 60 years and we will only see whether it is violative of the basic structure of the constitution," said Chief Justice Misra as he refused the plea for an early hearing.
The Jammu and Kashmir government has already sought adjournment citing panchayat and urban bodies election scheduled in September.
Attorney General K.K. Venugopal told the court that with elections to 6,000 Panchayats to be held in September, "it was not an opportune time to hold the hearing".
Venugopal also told the court that the interlocutors were also talking to the state government.
As the court directed the listing of the matter from the week starting August 27, Additional Solicitor General Tushar Mehta appearing for the Jammu and Kashmir said: "We reserve the right to seek adjournment on the grounds cited in the letter to the court."
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Assam Police at Pawan Khera's residence in national capital, Delhi Police assisting
New Delhi (PTI): An Assam Police team on Tuesday is at the Delhi residence of Congress leader Pawan Khera for questioning in connection with a case linked to allegations made against Assam Chief Minister Himanta Biswa Sarma and his family, official sources said.
The team formally informed Delhi Police upon arrival, following which a local police team joined and is assisting in the proceedings, the source said.
The development comes amid a political tussle after Sarma alleged that the Congress used "false information" sourced from a Pakistani social media group to level charges against his wife regarding multiple passports and overseas assets. He termed the allegations an attempt to influence the Assam elections and a punishable offence.
Khera had recently sought clarifications on Sarma's wife's alleged foreign assets, prompting a complaint and subsequent police action.
