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Pleas against Article 35A: Hearing most likely tomorrow or Thursday; Bar forms team

INS Desk by INS Desk
March 12, 2019
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Srinagar: Kashmir High Court Bar Association Srinagar has constituted a team of its members who will remain present before the Supreme Court tomorrow and on Thursday when the bunch of petitions filed for scrapping of Article 35-A of the constitution of India are most likely to come up for hearing.
The team includes M. A. Qayoom (President); Aijaz Bedar (Vice President); Mohammad Ashraf Bhat, (General Secretary); Z. A. Shah (Senior Advocate); Z. A. Qureshi (Senior Advocate); Manzoor Ahmad Dar, (Advocate); Rafiq Ahmad Joo (Advocate); Abdul Aziz Teeli (Advocate); and Mudasir Yousuf (Advocate).
“It hardly needs to be mentioned that the cases relating to Articles 35-A and 370 of the Constitution of India, have been shown listed in the cause list for the week coming from 12 March upto 14 March but have not been shown listed in the daily cause list already issued for 12 March,” a spokesman of the lawyers’ body said.
“However, as the daily cause list for 13th and 14th of March will be issued in the evening of 12th and 13th of March respectively, therefore, the team members are required to reach Delhi on 12 March itself, so that in the event of cases getting listed in the Daily Cause List or Supplementary Cause List of 13th and/or 14th of March, they will be able to cause their appearance before the Court.”
Meanwhile, in a meeting held here today, the members expressed their anguish and resentment over the new Excise Policy which has been made applicable from February and is to remain in force till 2020, whereunder, new liquor vends have been allowed to come up at a minimum distance of 100 meters instead of 300 meters as earlier notified, from religious places, schools, hospitals and nearest liquor shops, in violation of the Supreme Court directions and the law on the subject.
“It was stated that a Public Interest Litigation writ petition filed by advocate Manzoor Ahmad Dar, seeking compete ban on the sale of liquor in the State is already pending consideration before the High Court, but instead of banning the sale, storage and consumption of liquor in the State, which is a Muslim majority State, the Government has come up with a new policy, which is bound to play havoc with the social and cultural ethos of the Muslim majority society of Kashmir.”
It was also stated that the sale of liquor in the State of Bihar, Gujrat, Kerala, Nagaland, Manipur as well as in the union territory of Lakshadweep, is completely banned, though, all these States are tourist places but in the name of generating revenue from the trade of liquor, the sale of liquor, is being encouraged in the State of J&K which is highly “reprehensible”.
“It was also stated that since the matter relating for imposing complete ban on the sale, storage and consumption of liquor in the State of J&K, is already pending consideration before the High Court therefore the new Excise Policy should also be challenged before the High Court and an appropriate direction for banning the sale, storage and consumption of liquor, in conformity with the law laid down by the Supreme Court be sought from the High Court.”

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