The Global Kashmiri Pandit Diaspora (GKPD) submitted an intervention application in Indian Supreme Court, urging the dismissal of the petition filed by Shah Faesal and others seeking the revocation of the abrogation of Articles 370 and 35A on July 27. GKPD expressed full support for the Government of India, lauding its historic actions that have brought peace, prosperity, and security to the State of Jammu and Kashmir.
In the application, GKPD fervently appealed for the dismissal of the petition to uphold the faith in "one country, one constitution" and restore the confidence of the people in the nation. Virinder Kaul, the international coordinator of GKPD, emphasized that dismissing the petition would affirm Article 51A (a) of the Constitution, which outlines the fundamental duty of every Indian citizen to abide by the Constitution, respect its ideals and institutions, and honor the National Flag and the National Anthem.
GKPD presented arguments in favor of the abrogation of Articles 370 and 35A, citing provisions of the Indian Constitution and relevant global precedents. The organization stated that these articles led to the creation of a "Sheikhdom" within the Union of India, perpetuating oppression of minorities and women for the benefit of the majority population.
The Supreme Court is scheduled to hear the case on August 2. GKPD urged the court to take cognizance of their application to ensure that these "draconian laws" are not restored.
GKPD also expressed gratitude to the Union government for nominating two members of the Kashmiri Pandit community to the legislative assembly, a significant step towards addressing the challenges faced by the community. The organization looks forward to working closely with the government to ensure inclusive representation of community interests.
The case before the Constitution bench of the Supreme Court challenges the abrogation of Article 370 and the bifurcation of the erstwhile state of Jammu and Kashmir into two Union territories. The bench, headed by Chief Justice of India DY Chandrachud, will hear the case on a day-to-day basis except on Mondays and Fridays.
Since the abrogation of Article 370 in 2019, the government has defended its decision, citing an unprecedented era of peace, progress, and prosperity in the region. Several petitions are pending before the top court challenging the validity of the law scrapping Article 370 and the special status to Jammu and Kashmir, as well as the bifurcation of the state into two Union Territories.
The central government announced its decision to revoke the special status of Jammu and Kashmir on August 5, 2019, dividing the region into two Union territories. Earlier, in March 2020, a five-judge Constitution bench had declined to refer the matter to a larger bench, upholding the validity of the Centre's decision to abrogate provisions of Article 370.
Various petitions from private individuals, lawyers, activists, politicians, and political parties challenge the Jammu and Kashmir Reorganisation Act, 2019, which led to the division of Jammu and Kashmir into two Union Territories - Jammu and Kashmir, and Ladakh.
