Author – Neha Agarwal (Banasthali Vidyapith, Rajasthan)
Supreme Court on 1st July, 2019 dismissed a plea seeking direction to the Centre to declare Pakistan-occupied Kashmir (PoK) and Gilgit as two Lok Sabha seats and imposed Rs 50,000 fine on a former intelligence officer for filing it
In the present case, The plea, filed by a former officer of the Research and Analysis (RAW) officer, R.K. Yadav, under Article 32 of the constitution of India, asked the court to issue a mandamus to the government to carve out the two Lok Sabha seats against the 24 MLAs seats earmarked in the Jammu & Kashmir Constitution for POK and Gilgit/Balistan which are not counted for voting presently in 111 assembly seats of Jammu and Kashmir Assembly.
The bench headed by Chief Justice Ranjan Gogoi, justices Deepak Gupta and Aniruddha Bose, asked: “Is this a PIL?. You are living in Delhi. What is your interest in PoK [Pakistan-occupied Kashmir]?”
It was further added by the bench: “The prayers are not tenable and not appropriate for judicial interpretation. The writ petition is, accordingly, dismissed with the costs of Rs.50,000, to be deposited with the Supreme Court Legal Services Committee, within a period of four weeks from today.”
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