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SC rejects casual affidavit of Union Govt on J&K Delimitation
Directs for comprehensive reply by appropriate person
7/12/2010 11:02:47 PM
EARLY TIMES REPORT
JAMMU, July 12 : A Division Bench of the Supreme Court of India comprising JJ Mr. G.S. Singhvi and Mr. A.K. Ganguly rejected the affidavit filed by a Section Officer of the Union Law Ministry in reply to an SLP (Appeal) filed by J&K National Panthers Party seeking direction to the Govt. of J&K and the Union Govt. to hold delimitation of the Assembly constituencies and the Lok Sabha constituencies in J&K following a census taken after 2001.
The Division Bench expressed concern the way Union of India has filed a casual reply affidavit adopting the objections raised by the Govt. of Jammu and Kashmir on such a matter of 'national importance'.
After hearing Prof. Bhim Singh appearing for the Panthers Party, the court observed that this matter was very serious and of a national importance and should be taken seriously by the Union of India. Prof. Bhim Singh submitted that the last census was held in 2001 and the Govt. of J&K, inspite of an agreement (CMP) signed by Dr Manmohan Singh and Mrs. Sonia Gandhi to constitute Delimitation Commission, the State Government has refused to constitute Delimitation Commission thus depriving nearly 10 million citizens of India in the state of their basic and fundamental rights. He said that High Court judgment was totally wrong in holding that, "There is no basic structure of the Constitution in holding Delimitation of the Constituencies because the taking of census is not a constitutional right." Prof. Bhim Singh said that this judgment needs to be rectified in the light of constitutional and fund amental rights of the people of Jammu and Kashmir as for their entitlement under the Constitution. He said that the census was held in 1981 and there was no census taken in 1991 because of the militancy. The people of J&K cannot be discriminated in this regard when the entire country has gone through the Delimitation of the Lok Sabha constituencies as well as Assembly constituencies under the Commission appointed under the Chairmanship of Justice Dr. Kuldip Singh.
The court rejecting the affidavit of the Union directed the Union to file comprehensive reply by appropriate authority within two weeks. The matter shall be listed after five weeks.
Those who assisted Prof. Bhim Singh included Mr. B.S. Billowria, Mr. Vijay Pratap Singh, Mr. Satish Vig, Advocate-on-Record.
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