Hearing in SC on Article 35A deferred till January 2019

Article 35A gives special rights and privileges to the citizens of the Jammu and Kashmir

File representational image/ Courtesy: PTI

New Delhi: The Supreme Court is set to hear case pertaining to Article 35A, which gives special rights and privileges to the citizens of the Jammu and Kashmir today. Before this, the court was set to be heard on August 6, but out of bench of three judges; one judge was not present. Hence the hearing was postponed. The Chief Justice said that the decision of transferring the matter to constitutional bench can only be taken by body of three judges.   The separatists have called a 2-day shutdown in the stat over the hearing. Also, to avoid any violent situation; a curfew remains to be imposed in 9 districts in Kashmir on Friday as well. All the separatist leaders are on a house arrest in their houses. Article 35-A, which was incorporated in the Constitution by a 1954 Presidential Order, accords special rights and privileges to the citizens of Jammu and Kashmir and denies property rights to women who marry those from outside the state. The provision, which leads to such women from the state forfeiting their right over property, also applies to their heirs. Political parties including the National Conference and the CPI (M), have moved the Supreme Court in support of Article 35-A, that also empowers the state assembly to define "permanent residents" for bestowing special rights and privileges to them. J&K government seeks adjournment of hearing: The Jammu and Kashmir government on Thursday approached the Supreme Court seeking adjournment of the August 31 hearing on petitions challenging the validity of Article 35-A of the Constitution in view of upcoming local body elections in the state. In a letter to the Registrar of the Supreme Court and circulated, M Shoeb Alam, the standing counsel for the state in the apex court, sought adjournment of hearing on five petitions scheduled for Friday, by a three-judge bench headed by Chief Justice of India Dipak Misra.