Supreme Court’s decision on Article 370 is not God’s verdict: Mehbooba Mufti

Srinagar (Jammu and Kashmir) [India], December 17 (ANI): Following the Supreme Court’s decision to uphold the Centre’s abrogation of Article 370, Former Jammu and Kashmir Chief Minister and PDP Chief Mehbooba Mufti on Sunday said that the verdict is “not God’s verdict.”

“We don’t have to lose heart. We will continue our struggle. The Supreme Court’s verdict is not God’s verdict, we will not lose hope and will continue our fight,” Mufti said on Sunday.

She said that her party PDP will continue its struggle for the restoration of special status to Jammu and Kashmir.

“The same Supreme Court had earlier said that Article 370 cannot be amended without the recommendation of the constituent assembly. They were also learned judges. Today some other judges passed the ruling. We cannot treat it as God’s verdict,” she said.

Mehbooba also said that she will not lose hope and continue her fight in this regard.

“We do not have to lose hope. The people of Jammu and Kashmir have struggled for several years in which we have suffered losses. They want us to lose hope, accept defeat and sit back at home. This will not happen,” she said.

The Supreme Court upheld the Union Government’s decision to abrogate Article 370 of the Constitution which gave special status to Jammu and Kashmir and said that every decision taken by the Centre on behalf of a State can’t be subject to a legal challenge.

A five-judge Constitution bench comprising Chief Justice of India DY Chandrachud, Justices Sanjay Kishan Kaul, Sanjiv Khanna, BR Gavai, and Surya Kant delivered the verdict.

CJI Chandrachud reading out the judgement said that every decision taken by the Centre on behalf of a State under proclamation can’t be subject to a legal challenge and it will lead to the administration of the State to a standstill.

Supreme Court said that it has held that Article 370 was a temporary provision. “The proclamation of Maharaja stated that the Constitution of India will supersede. With this, the para of Instrument of Accession ceases to exist… Article 370 was an interim arrangement due to war conditions in the State. Textual reading also indicates that Article 370 is a temporary provision,” the Court said.

The Court also noted that Article 370 was meant for the constitutional integration of Jammu and Kashmir with the Union and it was not for disintegration and the President can declare that Article 370 ceases to exist.

“Concurrence of the State government was not required to apply all provisions of the Constitution using Article 370(1)(d). So, the President of India taking the concurrence of the Union government was not malafide,” the Court noted.

The Supreme Court also directed the Election Commission to hold Jammu and Kashmir Assembly elections by September 30, 2024. The Supreme Court said in view of Centre’s submission on restoration of statehood of Jammu and Kashmir, it directs that statehood shall be restored as soon as possible.

On August 5, 2019, the central government announced the revocation of the special status of Jammu and Kashmir granted under Article 370 and split the region into two union territories.