Jammu, February 7: The Jammu and Kashmir and Ladakh High Court has scheduled the final hearing for March 20 on a Public Interest Litigation (PIL) challenging the authority of the J&K Lieutenant Governor (LG) to nominate five members to the Union Territory’s Legislative Assembly.
A division bench comprising Justice Sanjeev Kumar and Justice Rajesh Sekhri directed both parties to complete all pleadings, including replies and counter-replies, before the final hearing on March 20. The court also confirmed that the bench will be available for the entire day to hear the matter.
Legal Representation
During the proceedings:
- Solicitor General Tushar Mehta appeared for the respondents.
- Senior Supreme Court lawyer Dr. Abhishek Manu Singhvi, along with D.K. Khajuria, represented the petitioner, Ravinder Sharma.
Background of the Case
The PIL challenges the provisions of the J&K Reorganisation Act, which empowers the LG to nominate five MLAs. The petitioner argues that the LG must seek the advice of the council of ministers before making such nominations, and failure to do so would render the provisions unconstitutional and against the basic spirit and structure of the Constitution.
The case was initially taken to the Supreme Court, but on October 14, 2023, the apex court declined to entertain the plea and directed the petitioner to approach the J&K High Court. Following this, Chief Justice Tashi Rabstan constituted a special division bench to hear the matter.
Intervention by PoJK Migrants
In a related development, retired government officer Ravinder Singh and Gurdev Singh, President of the Jammu Kashmir Sharnarthi Action Committee, have filed an application to join the case as party respondents.
Represented by advocate S.S. Ahmed, the applicants, who migrated from Pakistan-Occupied Jammu and Kashmir (PoJK) in 1947, argued that the issue is of significant public importance, and they should be allowed to intervene and present their views.
Acknowledging the importance of the PIL, the court stated that anyone with a stake in the matter could be heard.
