The Supreme Court in the case Munilal and Ors Versus The State Of Jammu And Kashmir And Anr observed and has allowed to withdraw a petition seeking to declare certain provisions of the Jammu and Kashmir Reservation Act, 2005 and related rules as unconstitutional and illegal.
The bench comprising of Chief Justice of India UU Lalit, Justice Ravindra Bhat and Justice JB Pardiwala was prompted to do so after the Court was informed of the developments in the case which took place subsequent to the filing of the petition.
The bench stated that in view of the developments which have taken up since the filing of the writ petition, the court permit the petitioners to withdraw the petition with further liberty to take or initiate appropriate proceedings in manner known as per the law.
During the hearing, it was submitted by ASG Vikramjit Banerjee that the petition filed in 2006, pertains to provisions on Reservation in Jammu and Kashmir.
The bench observed that as a result of Jammu and Kashmir Reorganisation Act, 2019, the situation has drastically changed. Thus, today it’s a Union Territory and What is prevalent in other Union Territories should apply, ipso facto. One, that’s a matter of policy.
It was observed by the Court that amending a petition from 2006 would be a tough and convoluted task.
The Court stated that Whatever you have filed in 2006, cannot be a basis for amendments now. However, What will you amend in a petition from 2006? The court will grant you liberty to withdraw.
Accordingly, the Court disposed of the plea, with these observations.