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SC asks Bharti’s wife if she wants to resolve issues

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New Delhi: The Supreme Court on Thursday asked Lipika Mitra, the estranged wife of former Delhi law minister Somnath Bharti whether she was inclined to join mediation efforts as offered by her husband to resolve all issues between them.

An apex court bench of Chief Justice HL Dattu and Justice Amitava Roy issued a notice, asking Lipika to respond by Monday as it fixed the next hearing for 10:30 AM on October 5.

The court declined, for now, the plea by Somnath Bharti for interim bail. However, the court indicated that it may consider the plea for interim bail on Monday.

“We always keep our mind open. Not only mind, but even the heart,” Chief Justice Dattu said as senior counsel Gopal Subramanium appearing for Bharti told the court to keep their mind “open to consider the plea at a later stage on Monday”.

“We have other powers. Under Article 142, we can grant bail here itself,” Chief Justice Dattu told Subramanium as he recounted the sequence of events from September 28 when the court asked Aam Aadmi Party legislator Somnath Bharti to first surrender as police were seeking his custody.

Subramanium wondered if such a course on part of police was warranted when the apex court was seized of the matter and the same was listed for hearing today (Thursday). He said that contrary to the apex court guidelines, Bharti was not allowed to access his lawyer and was shifted from one police station to another after he surrendered.

In the course of the hearing, Attorney General Mukul Rohatgi appearing for Delhi Police opposed the interim bail plea to Bharti, saying that the original plea for anticipatory bail had become infructuous after Bharti’s surrender and remand in police custody.

“This is a complete derogation of the authority of this court (apex court) for trial court to grant his police custody” and “it surprises me”, Subramanium told the court, pointing out that the former Delhi law minister was cooperating with the police investigation.

Apparently piqued by Rohatgi opposing his plea, Subramanium wondered over the Attorney General’s appearance in a matter relating to an anticipatory bail.

(IANS)

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Supreme Court to hear Pleas challenging Article 35A after Diwali, which talks about Special Rights and privileges of Permanent Residents of Jammu and Kashmir

Article 35A talks about special rights and privileges given to only permanent residents of Jammu and Kashmir

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The Supreme Court of India
The Supreme Court of India. Wikimedia
  • The plea said that the special status which people of Jammu and Kashmir enjoys should be canceled
  • In 1954 by a Presidential Order, Article 35A was added to the Indian Constitution
  • The Plea has also challenged a particular provision of the Constitution which denies the right over the property to a woman who marries someone who is from outside the state 

New Delhi (India), August 25, 2017: After Diwali, the Supreme Court of India will hear pleas which challenge the Article 35A, the article talks about special rights and privileges given to people who are permanent residents of Jammu and Kashmir.

Supposedly, the date decided for the hearing of pleas was August 29 but both the Centre and state government of Jammu and Kashmir wanted 4 weeks’ time in order to file their replies respectively, due to this reason the hearing has been postponed to a later date.

The plea said that the special status which people of Jammu and Kashmir enjoys should be canceled.

The Supreme Court was earlier in favor of hearing the case by a constitution bench consisting of 5 judges if the Article 35A is ultra vires (beyond one’s legal power or authority) of the Indian Constitution or if there is any sort of procedural lapse (defective execution of work).

Also Read: Landmark Judgement: Right to Privacy Becomes Fundamental Right of India, Rules Supreme Court

The meaning of Article 35A as per Constitution is that the article gives the right to the state legislature of Jammu and Kashmir to call them permanent residents of that state and also give those (permanent residents) some special rights and privileges whereas by article 370 a special status is given to the state- Jammu and Kashmir.

In 1954 by a Presidential Order, Article 35A was added to the Indian Constitution. According to ANI report, “It also empowers the state’s legislature to frame any law without attracting a challenge on grounds of violating the Right to Equality of people from other states or any other right under the Indian Constitution.” This is the kind of power that this Article holds.

This Article was dragged into controversy after a 2nd plea, was filed by a lawyer and former member of the National Commission for Women Charu Wali Khanna. In her plea, she challenged Article 35A of the Indian Constitution and also Section 6 (talks of permanent residents of the state) of the Jammu and Kashmir Constitution.

Also Read: Long pending injustice to Muslim Women! Supreme Court Hearing in India to Decide Validity of Muslim Divorce Practice “Triple Talaq”

The Plea has also challenged a particular provision of the Constitution which denies the right over the property to a woman who marries someone who is from outside the state. This provision which leads the woman to lose rights over property is also applied to her son.


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