A Kashmiri lawyer ‘Shakir Shabir’ has challenged the presidential order revoking Article 370 which granted Jammu and Kashmir (J&K) privileged status to the Supreme Court. In his petition, the Advocate claims that the government order amending Article 367, which led in the revocation of J&K's special rights, could not have been amended without the State Assembly's consent and was ultra vires in the Constitution.
The petition contended that the state assembly's approval reflected the people's will desired before making such sweeping modifications that changed J&K's history and geography.
The petition said that the action made by the government of the Union is imprudent, absent from any power or constitutional authority. The lives of millions of Jammu and Kashmir residents are at risk.
Shakir also stated that the governor of the state illegally exercised his authority, as he never consulted the Council of Ministers, which included elected officials from the former state. The Executive took the choice unilaterally, without consulting the State's Legislative Assembly.
The petition also notified the tribunal of the state's current "lockdown" condition. He also said the individuals in their homes were forcibly arrested and the whole state transformed into a garrison. The very foundations of a democratic country were shaken by the government's illegal and arbitrary action.
Two petitions have so far been lodged in the Supreme Court challenging the revocation of Article 370 and the redundancy of Article 35A.