ANC’s Muzaffar Shah Announces Review Petition Against SC Judgment on Article 370, Alleges Constitutional Flaws

Srinagar, 28-12-2023 : Jammu and Kashmir political parties, including the Awami National Conference (ANC) and CPI(M), have announced their intention to file a review petition in the Supreme Court challenging its verdict on Article 370. The ANC, among the original petitioners opposing the abrogation of Article 370, expressed dissatisfaction with the December 11 judgment, citing perceived legal and constitutional flaws. Muzaffar Shah, ANC’s senior vice-president, highlighted that the legal battle had just commenced, emphasizing that Article 370 had not been extinguished.

Addressing a press conference, Shah disclosed plans to prepare a petition, involving legal teams from all 23 petitioners who contested Article 370’s abrogation in the Supreme Court. The ANC, along with its allies, aims to collectively determine the subsequent course of action. The Supreme Court’s Constitution Bench had unanimously upheld the President’s authority to abrogate Article 370, which granted special status to Jammu and Kashmir.

Shah asserted that, despite the Supreme Court’s verdict, Article 370 had not ceased to exist. He characterized the judgment as constitutionally flawed and expressed hope for the restoration of Article 370 through legal means. Shah disclosed that the issue would be deliberated further within the People’s Alliance for Gupkar Declaration (PAGD) during its next meeting. The PAGD, led by Farooq Abdullah, was established in 2019 to advocate for the reinstatement of Jammu and Kashmir’s special status.

Emphasizing the populace’s dissent, Shah stated that the people of Jammu and Kashmir rejected both the August 5, 2019 decision by the Narendra Modi government to abrogate Article 370 and the Supreme Court’s December 11, 2023 verdict. He anticipated a resolute response from the people during future elections, signaling their rejection of the decisions.

Meanwhile, M Y Tarigami, CPI(M) leader and PAGD spokesperson, echoed the sentiment, confirming their intent to file a review petition in the Supreme Court against its judgment supporting Article 370’s abrogation. Tarigami indicated that the review petition would be submitted before January 11 of the following year.

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