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Supreme Court:  After the Centre submitted before the Court that the situation is improving in Jammu and Kashmir and the curbs are being lifted gradually, the Court said it will wait for sometime before passing any direction on the plea seeking removal of restrictions on the media in Jammu and Kashmir.

The 3-judge bench of Ranjan Gogoi, CJ and SA Bobde and SA Nazeer, JJ said,

“We would like to give little time. We have read in newspaper today that landline and broadband connections are being restored gradually.Therefore, we will take up the petition with other connected matters.”

Advocate Vrinda Grover, appearing for Anuradha Bhasin, Executive Editor, Kashmir Times, said there was a need for early restoration of communication mode for journalists to carry out their work. She had submitted that her matter was related to freedom of press.

Noticing that the landlines are working in the State as it had got a call from the CJ of J-K HC, the Court said,

“We will see when the matter can be listed for hearing. We will fix a date on the administrative side.”

Another bench, headed by Justice Arun Mishra, on Tuesday had refused to interfere with the Centre and Jammu and Kashmir government imposing several restrictions, saying “reasonable time” be given for bringing normalcy in the sensitive situation and had decided to hear the issue after two weeks.

(Source: PTI)

Also read:

Parliament passes the J&K Reorganisation Bill, 2019!

The Jammu and Kashmir Reservation (Amendment) Bill, 2019– What it says?

Rajya Sabha approves the Jammu and Kashmir Reservation (Second Amendment) Bill, 2019!

Jammu and Kashmir Reorganisation (Amendment) Bill, 2019 — Passed by Rajya Sabha; Formation of J&K as a Union Territory!

Hot Off The PressNews

Following statement was issued today by the Spokesman for UN Secretary-General António Guterres:

The Secretary-General has been following the situation in Jammu and Kashmir with concern and makes an appeal for maximum restraint.

The position of the United Nations on this region is governed by the Charter of the United Nations and applicable Security Council resolutions.

The Secretary-General also recalls the 1972 Agreement on bilateral relations between India and Pakistan, also known as the Simla Agreement, which states that the final status of Jammu and Kashmir is to be settled by peaceful means, in accordance with the Charter of the United Nations.

The Secretary-General is also concerned over reports of restrictions on the Indian side of Kashmir, which could exacerbate the human rights situation in the region.

The Secretary-General calls on all parties to refrain from taking steps that could affect the status of Jammu and Kashmir.

United Nations

[Press Release dt. 08-08-2019]

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Supreme Court: The bench of NV Ramana and Ajay Rastogi, JJ has refused to give urgent hearing to the plea challenging the abrogation of Article 370 of the Constitution.

Advocate Manohar Lal Sharma, who had filed the plea before the Supreme Court, had mentioned the matter before the bench and said it may be raised by Pakistan in the United Nations. On this Justice Ramana said,

“What are you saying? Can UN stay our amendments?”

Sharma had moved the Court seeking quashing of the Union Of India’s Gazette notification of August 5, 2019 for amending Article 367 of the Constitution pertaining to Presidential order on Article 370. The court asked Sharma to mention his matter before the appropriate bench–the CJI bench–which would pass appropriate orders on his petition. Sharma, in his petition, claimed that the gazette notification was “illegal” and “unconstitutional”.

In another plea filed by activist Tehseen Poonawalla, the Court again refused urgent hearing on a petition seeking withdrawal of curfew, blocking of phone lines, Internet, news channels and other restrictions in Jammu and Kashmir. The plea also sought an immediate release of political leaders from the illegal custody in Jammu and Kashmir. The Court said that the matter would be placed before Chief Justice Ranjan Gogoi for listing.

(Source: ANI)

Also read:

Parliament passes the J&K Reorganisation Bill, 2019!

The Jammu and Kashmir Reservation (Amendment) Bill, 2019– What it says?

Rajya Sabha approves the Jammu and Kashmir Reservation (Second Amendment) Bill, 2019!

Jammu and Kashmir Reorganisation (Amendment) Bill, 2019 — Passed by Rajya Sabha; Formation of J&K as a Union Territory!

Amendments to existing lawsLegislation Updates

G.S.R. 562(E)— The following Declaration made by the President is notified for general information:—


“C.O. 273”

In exercise of the powers conferred by clause (3) of Article 370 read with clause (1) of Article 370 of the Constitution of India, the President, on the recommendation of Parliament, is pleased to declare that, as from the 6th August, 2019, all clauses of the said Article 370 shall cease to be operative except the following which shall read as under, namely :—

“370. All provisions of this Constitution, as amended from time to time, without any modifications or exceptions, shall apply to the State of Jammu and Kashmir notwithstanding anything contrary contained in Article 152 or Article 308 or any other article of this Constitution or any other provision of the Constitution of Jammu and Kashmir or any law, document, judgement, ordinance, order, by-law, rule, regulation, notification, custom or usage having the force of law in the territory of India, or any other instrument, treaty or agreement as envisaged under Article 363 or otherwise.”

*Please follow the link for the official notification: NOTIFICATION

Ministry of Law and Justice

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Today Lok Sabha has passed the Jammu and Reorganisation Bill, 2019 with majority votes in favour.

Yesterday, Rajya Sabha had passed the Bill yesterday with majority votes and now President’s assent for the same is awaited.

The Bill will make Ladakh and Jammu and Kashmir as Union territories.

The Union Territory of Ladakh will be without Legislature. Further, keeping in view the prevailing internal security situation, fuelled by cross border terrorism in the existing State of Jammu and Kashmir, a separate Union Territory for Jammu and Kashmir is being created. The Union Territory of Jammu and Kashmir will be with the legislature.

The Bill consists of 103 Sections, out of which a few have been listed down:

Part 2 Reorganisation of the State of Jammu and Kashmir
Section 3 Formation of Union territory of Ladakh without Legislature. It will comprise of Kargil and Leh Districts.
Section 4 Formation of Union territory of Jammu and Kashmir with Legislature
Section 5 Governor of existing State of Jammu and Kashmir to be Common Lieutenant Governor; Whereas UT of Ladakh for such period as may be determined by President.
Section 10 Representation in House of the People 5 seats to the successor UT of Jammu and Kashmir and 1 seat to UT of Ladakh, in the House of the People.
Section 11 Delimitation of Parliamentary Constituencies Order 1976.
Section 13 Applicability of Article 239A of Constitution. Provisions contained in Article 239A, which are applicable to “UT of Puducherry”, shall also apply to the “UT of Jammu and Kashmir”
Section 33 Exemption of property of the Union from taxation
Section 35 Inconsistency between laws made by Parliament and laws made by the Legislative Assembly.
Section 36 Special provisions as to financial Bills A Bill or amendment shall not be introduced into, or moved in, the Legislative Assembly except on the recommendation of the Lieutenant Governor
Section 39 When a Bill is reserved by Lieutenant Governor for the consideration of the President, the President shall declare either that he assents to the Bill or that he withholds assent
Section 47 The Legislative Assembly may by law adopt any one or more of the languages in use in the Union territory of Jammu and Kashmir or Hindi as the official language or languages to be used for all or any of the official purposes of the Union territory of Jammu and Kashmir.
Section 49 No discussion shall take place in the Legislative Assembly with respect to the conduct of any judge of the Supreme Court or of a High Court in the discharge of his duties
Section 57 Abolition of Legislative Council of the State of Jammu and Kashmir.
Part IV Administration of UT of Ladakh
Section 73 Provision in case of failure of Constitutional machinery.

If the President, on receipt of a report from the Lieutenant Governor of Union territory of Jammu and Kashmir, or otherwise, is satisfied,—

(a) that a situation has arisen in which the administration of the Union territory of Jammu and Kashmir cannot be carried on in accordance with the provisions of this Act, or

(b) that for the proper administration of Union territory of Jammu and Kashmir it is necessary or expedient so to do,

the President may, by order, suspend the operation of all or any of the provisions of this Act for such period as he thinks fit and make such incidental and consequential provisions as may appear to him to be necessary or expedient for administering the Union territory of Jammu and Kashmir in accordance with the provisions of this Act.

Section 75 High Court of Jammu and Kashmir to be common High Court. High Court of Jammu and Kashmir shall be the common High Court for the Union territory of Jammu and Kashmir and Union territory of Ladakh
Hot Off The PressNews

Ministry of Home Affairs has issued orders to suspend the LoC trade in Jammu & Kashmir w.e.f 19-04-2019. This action has been taken as the Government of India has been receiving reports that the Cross LoC trade routes are being misused by the Pakistan based elements for funneling illegal weapons, narcotics and fake currency, etc.

It may be recalled that the LoC trade is meant to facilitate the exchange of goods of common use between local populations across the LoC in Jammu & Kashmir. The trade is allowed through two Trade Facilitation Centres located at Salamabad, Uri, District Baramulla and Chakkan-da-Bagh, District Poonch. The trade takes place four days a week. Trade is based on the Barter system and zero duty basis.

However, reports have been received that the LoC trade is being misused on a very large scale. It has been revealed that the trade has changed its character to mostly third party trade and products from other regions, including foreign countries, are finding their way through this route. Unscrupulous and anti-national elements are using the route as a conduit for Hawala money, drugs and weapons, under the garb of this trade.

During the ongoing investigations of certain cases by NIA, it has been brought out that a significant number of trading concerns engaged in LoC trade are being operated by persons closely associated with banned terrorist organizations involved in fuelling terrorism/separatism. Investigations have further revealed that some individuals, who have crossed over to Pakistan and joined militant organizations have opened trading firms in Pakistan. These trading firms are under the control of militant organizations and are engaged in LoC trade.

After the Pulwama incident, the Government of India has withdrawn the MFN status to Pakistan. Inputs have also been received that in order to evade the consequent higher duty, LoC trade is likely to be misused to a much larger extent.

It has, therefore, been decided by the Government of India to suspend the LoC trade at Salamabad and Chakkan-da-Bagh in Jammu and Kashmir with immediate effect. Meanwhile, a stricter regulatory & enforcement mechanism is being worked out and will be put in place in consultation with various agencies. The issue of reopening of LoC trade will be revisited thereafter.

[Dated: 18-04-2019]

Ministry of Home Affairs

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The head of a prominent organisation allegedly indulging in anti-national activities along with his associates were covered in a sensitive search action by the Income Tax Department on 27-02-2019. Search action has been conducted at 4 premises in the Valley and 3 in the national capital. The search action has yielded credible evidence of large scale undisclosed financial transactions carried out in the business of quarrying, hotels etc.

During the search, clinching evidence was also unearthed of huge unaccounted expenditure having been incurred in cash on the reconstruction and remodeling of the residential premises presently being used by the tax evader’s family. Despite carrying out large scale financial transactions, neither the main protagonist nor any member of his family has ever filed an income tax return. The evidence found in search action is robust enough to show a deliberate and willful attempt to evade tax.

In the search action, 3 hard discs have also been seized. The analysis of the information contained in the discs is likely to yield even more substantial evidence against the tax evader and his associates. This action is part of a concerted drive to trace illegal sources of funding that have financed the separatist elements and their activities in the Valley.

[Press Release dt. 27-02-2019]

Ministry of Finance

Case BriefsHigh Courts

High Court of Jammu and Kashmir: A division bench comprising of Badar Durrez Ahmed, CJ., and Dhiraj Singh Thakur, J., recently dealt with a petition wherein the counsel for the petitioner approached the Court to discuss the issue of child abuse and frame directions to prevent it particularly in schools. He suggested that an officer be designated to each school, who is sensitized to these issues such as the lack of awareness amongst children, how children usually suffer in silence and knows how to deal with the issues.

The Court accepted the suggestions made by the petitioner and held that since no such action had been taken by the respondents to create awareness and appoint teachers as well as install helpline numbers for children to report abuse cases and for that purpose set up an appropriate Social Welfare Department that would prescribe a manner of creating awareness in schools regarding child abuse. [Shivan Mahajan v. State of J&K,  2018 SCC OnLine J&K 56, order dated 9.2.2018]

Hot Off The PressNews

Supreme Court: The bench of JS Khehar, CJ and AK Goel and Dr. DY Chandrachud, JJ issued notice to the Centre seeking it’s response on the validity of the special status of the State of Jammu and Kashmir under Article 370 of the Constitution.

As per the petitioner Kumari Vijayalakshmi Jha, Article 370 of the Constitution had lapsed automatically with the dissolution of the Constituent Assembly of Jammu and Kashmir on January 26, 1957. The plea also urged to declare the separate Constitution of Jammu and Kashmir as invalid. The petitioner approached the Supreme Court after her plea was dismissed by the Delhi High Court last year.

Source: ANI