Groves murder trial thrown into doubt after Kashmir's special status is revoked
SERIOUS doubt surrounds the Sarah Groves murder trial after India revoked the special status for Kashmir, where it is being held.
Jammu & Kashmir is now in lockdown.
On Monday, Interior Minister Amit Shah told India’s parliament that the federal government would scrap Article 370, a constitutional provision that grants special status and allows Jammu & Kashmir to make its own laws.
The order was subsequently approved by the Indian President Narendra Modi.
'The longer-term implications are unclear and discussions will be held with the Foreign Office to clarify those areas that could affect the outcome of the trial,' the Groves family said in a statement.
'At this stage it is unclear what effect the change of status will have on the legitimacy of the trial itself given that it is listed as The State of Jammu & Kashmir -v- Richard de Wit.
'Jammu & Kashmir no longer exists as a ‘State’ (it is now a Union Territory) and may no longer be able to operate under the separate Kashmiri system of justice – which has serious shortcomings.
'It is also unclear what effect this decision will have on the civil unrest that has been steadily increasing in recent times. For some sections of the local community, the decision to become fully integrated with India is good news. For others with a more radical agenda, it most certainly is not. Pakistan has condemned India’s move to abolish Kashmir’s special status as illegal, insisting it was an internationally recognised disputed territory.'
Dutchman Richard de Wit denied murdering Miss Groves on a houseboat in Kashmir in 2013.
Today was scheduled to be the 165th hearing in the case which has been dogged by delays.
It did not go ahead and is unlikely to resume tomorrow either.
'Yet another obstacle to achieving a safe outcome to the trial. On this occasion, the potential implications are far more serious and long-lasting than those encountered hitherto.'
The special status for Jammu & Kashmir dates back to the end of British rule in 1947.
Article 370 allowed the state to have its own constitution, its own flag and take decisions except for any matter that is related to defence and foreign affairs.
Prime Minister Modi’s ruling party had pushed for an end to Kashmir’s special constitutional status, arguing that such laws had hindered its integration with the rest of India.
A union territory is a type of administrative division in India directly governed by the main government.
Critics have called the move authoritarianism.