NEWSLINKS US EDITION SOUTH ASIA COLUMNISTS DIARY SPECIALS INTERVIEWS CAPITAL BUZZ REDIFF POLL DEAR REDIFF THE STATES ELECTIONS ARCHIVES SEARCH REDIFF
The Supreme Court on Friday declined to vacate its stay on the Jammu and Kashmir Migration Act, which would facilitate the return of migrants from Pakistan even as the state government contended that it was competent to enact such a law.
A bench comprising Justice G B Pattanaik and Justice Brijesh Kumar, rejecting the plea of the state government for vacating the interim stay said that it would hear two other petitions on the issue together.
Jammu and Kashmir government counsel Anis Suhrawardy, in an affidavit, said, "While hearing two other petitions challenging the Act, the Apex Court had not granted any interim stay earlier."
"It is reiterated that cumulative effect of the Constitution of India and the Constitution of Jammu and Kashmir is that the power and competence regarding enacting a law regulating the return and resettlement of permanent residents of the state, who migrated to Pakistan after first day of March, 1947 (but before 1954) vests in the legislature of the state of J&K," the affidavit said.
The Jammu and Kashmir Grant of Permit for Resettlement in (or Permanent Return to) the State Act, 1982 was challenged by National Panthers Party, headed by Bhim Singh.
Tell us what you think of this report
