SRINAGAR: Mehbooba Mufti expressed hope on Wednesday that the Supreme Court would uphold the Constitution and the law of the land when making a decision regarding the Article 370 petitions.The announcement of the hearing dates for the case, however, soon following the Supreme Court justices’ and Chief Justice of India (CJI) Justice D Y Chandrachud’s travel to Kashmir for the “19th All India Legal Services Authorities” meeting last month prompted concerns from the former chief minister of J&K.There hadn’t been a hearing for the previous four years because there were so many matters heard that weren’t urgent..Therefore, hearing the case shortly following the Kashmir visit and deciding that it would take place every day after August 2 fosters concerns that the BJP has set a trap first by the G20, then by these judges’ visit, maybe hinting at something fishy, she told reporters here. Mehbooba stated that the 200 judges and Chief Justice of India were “brought here to show them that the graveyard-like silence in J&K meant that everything was fine here.” I do hope that all these judges, who are wise and determine the fate of the people, have seen what the truth is beyond the wall, though, she added. The PDP leader claimed that during the four years the case was pending in the Supreme Court, various laws were adopted in J&K “by virtue of which our land, our jobs, and our resources have been looted”. The legislation states that no judgement should be made that could affect a case while it is still in court. In 2019 (by repealing Article 370), the BJP trampled on the Constitution and the Supreme Court since it has made it a point to fight the court and the law.According to a number of SC rulings, including those in the cases of Sampat Prakash, Prem Nath Koul, and Vijay Lakshmi Jha, there is only one way to have Article 370 revoked, and that is if the J&K Constituent Assembly recommends it to the President.Who made the recommendation and how, since there was no constituent assembly for J&K, she continued. Mehbooba said that such choices had been made in the past “without any proof” but just to “satisfy the collective conscience” of the people of the country, referring to the judgement of the Parliament assault convict Afzal Guru. “Many choices have been made in the past that disregarded the Constitution and the law in order to only appease the general public conscience. They then travelled to Parliament.She said: “I think Justice Chandrachud, whose integrity is undeniable as we have seen, will respect the people’s emotions if he wants to do so because (Article) 370 was the guarantee of our identity, land, and culture. According to Mehbooba, the judiciary must uphold the nation’s laws and the Constitution. She went on to say, “I hope when they preserve the Indian Constitution and the law, then their decision will definitely be in favour of the law and the Constitution, and not to appease the collective conscience of the people.The PDP president claimed that the safeguards provided by the Indian Constitution, “which the BJP snatched away from us,” are the only things the people of J&K demand. “I hope the constitutional bench of the Supreme Court does justice to the Constitution,” she concluded.. Mehooba claimed that the PDP’s position that the BJP has any legal or constitutional rationale to repeal Article 370 is made obvious by the Supreme Court’s decision to ignore the most recent affidavit of the Centre.They actually violated the Constitution, she continued. She questioned why hundreds of teenagers and religious leaders were imprisoned in light of the Centre’s claim in the affidavit that the situation in J&K has improved. “Only the raids by federal and state agents have changed. Every day, there are raids, she claimed. The highest court announced on Tuesday that it would start daily hearings on the petitions contesting the repeal of Article 370, which granted the former state of Jammu and Kashmir special status, from August 2.
