SC refuses to postpone Article 370 hearing, declines Delhi govt request to take up ordinance case on priority

Senior advocate A M Singhvi, representing the Delhi government, requested the apex court to hear the Ordinance case by deferring the August 2 hearing on the Article 370 abrogation. A bench headed by Chief Justice D Y Chandrachud declined the request and said the court will not push back the Article 370 hearing as counsel is getting ready for it. -- Reports ETV Bharat's Sumit Saxena.

New Delhi:The Supreme Court Thursday told the Delhi government counsel that it will not change the schedule of petitions challenging the abrogation of Article 370 after the latter requested the court to push back the Article 370 hearing and instead hear its challenge to the Centre’s service ordinance.

A bench headed by Chief Justice D Y Chandrachud and comprising Justices P S Narasimha and Manoj Misra decided to refer the Delhi government’s challenge to Centre’s ordinance -- Government of National Capital Territory of Delhi (Amendment) Ordinance, 2023 -- to a constitution bench. Senior advocate A M Singhvi, representing the Delhi government, requested the apex court to hear the case by deferring the August 2 hearing on the challenge to the Centre's 2019 decision to abrogate the special status of Jammu and Kashmir and divide it into two union territories.

Singhvi, opposing reference of the matter to the constitution bench, said the whole system is in paralysis and stressed that a decision by a constitution bench will take time. "I am not agreeing to a reference (to the constitution bench)…In the event lordships want to refer it, take it up before 370 or push back 370 a little bit and hear it first”, said Singhvi.

The Chief Justice said, "Dr Singhvi, we will not change the scheduling of the 370. We have notified it, counsels are getting ready....” The Chief Justice said it will not look good to say “that we will not hear…”. Singhvi said no bureaucrat is taking orders and questioned how the Lieutenant Governor (L-G) of Delhi has power under the ordinance to remove 437 consultants appointed by the Delhi government.

Senior advocate Harish Salve, representing the L-G, said these appointments were illegal and it is a coincidence that these consultants happen to be party workers. The top court said the Delhi government's petition challenging the constitutional validity of the ordinance will be heard after the conclusion of proceedings on petitions challenging the abrogation of Article 370 of the Constitution.