Centre questions maintainability of plea in Delhi High Court to prevent J&K MPs from entering Parliament

Delhi High court

New Delhi: The Centre questioned in the Delhi High Court the maintainability of a plea that is seeking to prevent Jammu and Kashmir's MPs from entering the Parliament. The centre alleges that they are continuing to hold their seats illegally even after the separation of the state.

The Ministry of Parliamentary Affairs, represented by central government standing counsel Anil Soni, stated that the petitioner who is a retired professor ought to have first made a representation to the authorities before approaching the high court.

The petitioner stated that 10 MPs including senior Congress leader Ghulam Nabi Azad and National Conference chairman Farooq Abdullah from J & K were continuing in their positions and enjoying all the benefits associated with the office at the expense of the state exchequer.

Both sides were heard by Justice Brijesh Sethi who reserved his judgement in the matter.

The petitioner, Professor Abdul Gani Bhat alleged that the 10 MPs, four in the Rajya Sabha and six in the Lok Sabha, from the erstwhile state are "illegally" continuing in their seats in the Parliament. It has sought directions to the central government not to allow those 10 MPs to enter the Parliament.

He also alleged that the presence of the 10 MPs in the Parliament was "immoral, illegal and unconstitutional".

The plea sought that those MPs should be stopped from enjoying the salary, benefits and other facilities granted to the MPs.

The Parliament on August 5 last year had abrogated Article 370 of the Constitution, which granted a special status to the state. The parliament had reorganised it into two Union Territories of Ladakh and Jammu & Kashmir.