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Parties using sub judice argument as cover to avoid raising Article 370, says National Conference MP Hasnain Masoodi

The former judge of the Jammu and Kashmir High Court described the ‘sub judice’ argument by leaders as a ploy to dissuade people from talking about Article 370 that was abrogated by the Centre on August 5, 2019.

June 28, 2021 / 08:35 AM IST

The National Conference (NC) has hit out at political parties of Jammu and Kashmir, including Congress, for avoiding taking a stand on the revocation of special status under Article 370 by calling it sub judice.

Party leader and Member Parliament from south Kashmir Justice (retired) Hasnain Masoodi has described the ‘sub judice’ argument as “specious and evasive" and a ploy to dissuade people from talking about Article 370 that was abrogated by the Centre on August 5, 2019.

“The pendency of as many as 144 petitions against Citizenship Amendment Act (CAA) did not make political parties feel dissuaded from making the CAA an election issue, vocally opposing the CAA in the poll campaign and promising no CAA in Assam if voted,” Masoodi, former judge of Jammu and Kashmir High Court, said according to a report in Outlook.

The NC leader was referring to comments by the Congress and the People’s Conference leaders in the context of the meeting of 14 political leaders of Jammu and Kashmir with the Prime Minister last week.

READ: Analysis | What happened at PM Modi's meet with J&K leaders, what next


The meeting held on June 24 in New Delhi was the first high-level engagement between the Centre and the political leadership from the erstwhile state since the scrapping of J&K’s special status on August 5, 2019.

Former deputy chief minister Muzaffer Hussain Baig, patron of People’s Conference said after the meeting that the discourse on Article 370 outside the Supreme Court amounted to contempt of the court since the petitions against the decision were pending in the top court.

“The argument of “case being sub judice” advanced by some leaders to avoid taking a stand on the revocation of the special status guaranteed to Jammu and Kashmir under the Constitution of India is as specious and evasive,” Masoodi,  said.

The MP from Anantnag said that the petitions before the Supreme Court challenging the August 5, 2019 decisions do not stand in way of the government of India to revoke a ‘constitutionally suspect’ law.

Also, read: Meeting with PM Modi was cordial and positive; election, statehood discussed, say J&K leaders

“Our principled stand is that restoration of August 4, 2019, constitutional position alone would lead to durable and lasting peace in Jammu, Kashmir, and Ladakh and fulfill aspirations of the people,” Masoodi said.

Centre, on August 5, 2019, revoked Article 370 and Article 35A and bifurcated Jammu and Kashmir state into two Union Territories - Jammu and Kashmir and Ladakh.

Also, read: Election Commission discusses delimitation with J&K Deputy Commissioners on eve of PM’s all-party meet
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