SC unlikely to void Article 370 move: Salve

Leading lawyer, Harish Salve says Supreme Court is unlikely to void Article 370 move taken by the Modi government. He says that it’s unlikely that the Supreme Court will hold the division and demotion of Jammu and Kashmir unconstitutional.

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Salve noted that the Modi government’s decision to change Jammu and Kashmir’s constitutional status was within its rights to act on behalf of the state assembly in demoting J&K to Union Territory status.

Saying that it is not the first time such mechanism has been used for de-commissioning Article 370, Salve recalled that the same mechanism was used in the 1960s when Jammu and Kashmir’s Sadr e Riyasat and Wazir e Azam were changed to the governor and chief minister. Since the precedent has been established, he believes that the Supreme Court will not find fault with when it is used to de-operationalise 370.

However, regarding the complaints about the violation of rights, Salve said those petitions should have been handled with “alacrity”.

Commenting upon the reports that detainees in Kashmir are being asked to sign a bond, not to make comments, public speeches etc. related to recent events in the state as a condition for their release, Salve says if the reports are correct then this would be unconstitutional and an unacceptable curb on their freedom.