Pak lawyers move Indian SC for contempt proceedings against BJP govt

ISLAMABAD: A group of Pakistani lawyers has moved the Indian Supreme Court to initiate contempt of court proceedings against the government of India for not complying with its order passed on September 19, ordering to end the curfew in Indian Held Kashmir (IHK) as soon as possible.

The order had come as the apex court of India took up multiple pleas against the decision of Indian Prime Minister Narendra Modi to revoke the special status of the occupied valley on August 5. The Supreme Court of India had ordered the Modi government to submit a report that contains the actual situation of IHK which has been locked down for 43 days with the communication blackout.

During the hearing of petitions against the government’s decision, Chief Justice of India Ranjan Gogoi had remarked that if needed, he would himself visit Jammu and Kashmir. He further expressed concerns over the reports of inaccessibility of Kashmiris to the Kashmir High Court.

Mohammad Azhar Siddique, Advocate Supreme Court of Pakistan, and other lawyers including Ahmad Imran Ghani, Mian Ashhad Ali Azhar, Muhammad Irfan, Mian Shabir Ismail, Munir Ahmed, Salma Riaz and Mian Ali Asghar filed a petition in the Indian apex court seeking initiation of contempt of court proceeding against the BJP government of India for not complying its order, directing for lifting the curfew in IOK.

The lawyers prayed the Indian top court that since the Presidential Order C.O 272 is unconstitutional, arbitrary and illegal in nature due to the indirect amendment of Article 370(3) proviso via 370(1) of the Constitution; secondly, for the use of the governor as a substitute/vehicle for the elected assembly in a matter of this kind; and lastly, the amendment was made without the recommendation of the constituent assembly of IHK which ceased to exist after 1957, which in turn makes Article 370 of the constitution permanent and, therefore, the same may not be amended.

The prayed that the Supreme Court of India while exercising its suo motu jurisdiction and powers under Article 32 of the constitution take action and initiate proceedings in the matter at hand i.e. aforementioned arbitrary, unconstitutional and illegal presidential order in the interest of justice equity and fair play.

The lawyers further prayed that the Supreme Court of India while exercising its suo motu jurisdiction and powers under Article 32, 29 and 142 of the constitution take action and initiate contempt of court proceedings against the government of India for not efficiently and fully complying with its aforesaid orders to restore normalcy in IHK.

The lawyers have challenged before the top court of India what they called the unconstitutional changes made to Article 370 of the constitution of India, statutory resolution introduced by Rajya Sabha, invoking the authority that flows from the effects of Presidential Order CO 272- recommends that the president abrogate much of Article 370 as well as challenging the reorganisation bill that breaks up IHK into the union territories of Ladakh (without a legislature in place) and Jammu and Kashmir (with legislature).

They pleaded that the amendment made by the president of India in Article 370 read with Article 35 is unconstitutional ultra vires and without jurisdiction and without the consent of the IHK through resolution, passed by assembly of IHK.