She had contended in the high court that Article 370 was a temporary provision that had lapsed with the dissolution of the state’s Constituent Assembly in 1957.
The petition had said that the continuance of Article 370 even after the dissolution of the state’s Constituent Assembly and the J-K Constitution never getting the assent of the President of India or Parliament or Government of India, amounted to “fraud on the basic structure of our Constitution”.
Advocate Anil Kumar Jha, appearing for the petitioner, claimed that the high court considered only the first prayer and had not taken into account other prayers mentioned in the plea.
He said that earlier judgment of the apex court in 1969 was in a different context and, hence it could not have been relied upon.
“The high court kept the judgment reserved for about 13 months and on April 11, 2017, pronounced the verdict dismissing the writ petition without considering the merits/issues involved therein,” the petition said.
It also said the high court did not consider the judgment passed and ratio laid down by the apex court.
In July 2014, the Supreme Court had dismissed a plea challenging the special status granted to Jammu and Kashmir and had asked the petitioner to move the high court.
( Source – PTI )