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SC issues notice to Centre, all Art 370 pleas to be heard in October

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Published : Aug 28, 2019, 8:32 AM IST

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Updated : Aug 28, 2019, 11:11 PM IST

SC issues notice to Centre, all Art 370 pleas to be heard in October

The Supreme Court of India

22:44 August 28

Muzaffar Iqbal Khan (Advocate)

SC issue notice to the centre on Article 370

Muzaffar Iqbal Khan, an advocate who also filed a petition challenging the abbrogation of Article 370, said, "Concurrence of the governor is no concurrence at all which is the requirement of Article 370 Clause 3(D). They have misused that provision." Adding on further he said, "If you see the presidential order to act on the advice of his council of ministers. Once there is no council he can not act." The decision of the court to refer it to the larger bench was welcomed by him.

21:54 August 28

Tehseen Poonawala (Petitioner)

SC issue notice to the centre on Article 370

The Supreme Court bench led by the Chief Justice of India, Ranjan Gogoi, has issued a notice to the central government on petitions filed on issues pertaining to the abrogation of Article 370 and said that in the first week of the october.

Tehseen Poonawala, who is a petitioner in the matter said, that he has no issues with Article 370 but he wants the government to be answerable.Solicitor General (SC), Tushar Mehta had said in the court that he was a TV personality, to which Poonawala said that he has a fantastic personality therefore he is on TV and Mehta should put legal arguments. He said, "I will continue to be on TV and continue to oppose the government."

16:44 August 28

Usmaan (Petitioner)

Petition filed in SC in support of Centre's notification on Article 370

All India Bar Council also supported the government's move of scrapping Article 370 and said that they want Kashmiris to walk every step with Indians.

Commenting on the media reports showing violence in Kashmir, the chairman of the minority division of the association, Usmaan, said that in curfew anti-social elements need to be stopped and most of the content regarding the issue on social media is fake.

16:19 August 28

Amit Raina (Spokesperson of Kashmiri Pandits' organisation)

Petition filed in SC in support of Centre's notification on Article 370

Amidst petitions filed challenging the Article 370 and blockade of information and communication, there were also petitions filed which were supporting the government's decision.

Amit Raina, spokesperson of Kashmiri Pandits' organisation, filed a caveat in the court asking the court to hear its arguments before passing any order. He pleaded that no stay should be given on the petition against the abrogation of article 370, 35A and bifurcation of the state into union territories.

11:09 August 28

SC seeks response from Centre on plea on media restrictions

Supreme Court issues notice to Centre on the plea by Kashmir Times Executive Editor, Anuradha Bhasin, seeking a direction for relaxing restrictions on the internet, landline, and other communication channels. SC sought a detailed response from the Centre within 7 days.

11:02 August 28

SC allows Yechury to travel to Kashmir, meet CPI(M) colleague

Supreme Court allows CPI(M) leader Sitaram Yechury to visit Jammu and Kashmir to meet his party leader and former MLA, Yousuf Tarigami. Chief Justice of India (CJI) Ranjan Gogoi said, "We will permit you to go, you are the general secretary of a party. Don't go for anything else."

Supreme Court said that the visit of Sitaram Yechury should only be to meet party leader Yousuf Tarigami as a friend, and not for any political purpose.

The bench said if Yechury indulges in any political activities, authorities are free to report them to the apex court.

11:00 August 28

SC issues notice to Centre, all Art 370 pleas to be heard in October

The Supreme Court decides to examine the legal challenge against the Centre's decision to revoke special status to Jammu and Kashmir under Article 370 of the Constitution, and referred the matter to a five-judge Constitution bench.

The apex court issued notices to the Centre and Jammu and Kashmir administration on a batch of pleas challenging the Presidential order by which Article 370 was abrogated.

A bench headed by Chief Justice Ranjan Gogoi was not in agreement with the Centre that there was no need for issuance of notice in the matter as Attorney General K K Venugopal and Solicitor General were marking their presence in the court.

"We will refer the matter to a five-judge Constitution bench", the bench also comprising justices S A Bobde and S A Nazeer said while not accepting the arguments that the issuance of notice will have a "cross-border repercussion".

The Attorney General said whatever is being said by this court is sent before the United Nations, while Solicitor General Tushar Mehta requested the court to not issue notice in the matter as it could be misused by other countries.

As the counsel appearing for both sides were involved in arguments and counter-arguments, the bench said, "We know what to do, we have passed the order, we are not going to change".

10:56 August 28

SC allows petitioner to travel to valley, directs govt to provide police protection

Chief Justice of India (CJI), Ranjan Gogoi allows Mohammad Aleem Syed, one of the petitioners in the case, to travel to Anantnag to meet his parents. Court has directed the Jammu and Kashmir Government to provide police protection to him.

10:53 August 28

SC begins hearing

Supreme Court starts hearing a batch of petitions questioning the validity of the Central Government's decision to revoke special status to Jammu and Kashmir under Article 370 of the Constitution.

08:03 August 28

The Supreme Court of India will hear around 10 petition related to Article 370, challenging the Centre's decision while other are connected with the imposition of curfew and its consequences in the region.

New Delhi: The Supreme Court will hear around 10 petitions related to abrogation of Article 370, granting special status to Jammu and Kashmir, on Wednesday.

Most of them challenging the Centre's decision revoking Article 370 while others are connected with the imposition of curfew and its consequences in the region.

The pleas will be heard by a bench headed by Chief Justice Ranjan Gogoi.

The bench will hear Communist Party of India (Marxist) leader Sitaram Yechury's habeas corpus petition, in which, he has challenged the detention of Kashmir politician and party general secretary Mohammed Yousuf Tarigami.

Another plea is of Tehseen Poonawalla, a social activist, who has raised the issue of lockdown in the region as amounting to suspension of Article 19 (freedom of speech) and 21 (personal liberty) of the Constitution.

The plea said, "The actions taken by Union of India pertains to gross abuse of its powers under law, whereby the people of J&K are suffering on account of unwarranted imposition of undeclared curfew and further emergency-like restrictions are being imposed under the garb of Section 144 of the Code of Criminal Procedure, 1973."

Another petition filed by National Conference leader Mohammad Akbar Lone, who has cited 'Swaraj' or self-governance, said the right to autonomous self-government within a federal framework is an essential fundamental right. These valuable rights have been taken away without the "procedure established by law" in a manner that violates every canon of Constitutional morality.

He said Article 370 was extensively considered and carefully drafted in order to ensure peaceful and democratic accession of the formerly princely state of Jammu and Kashmir to the Indian Union, drawing out the significance of Article 370, which defines and regulates the relationship between J&K and the Union of India.

Shah Faesal, an independent politician and former bureaucrat from Jammu and Kashmir in a joint petition with activist Shehla Rashid has challenged the Centre's move to scrap Article 370.

The bench will also hear Kashmiri artist Inder Salim alias Inder Ji Tickoo and a veteran journalist Satish Jacob's joint plea challenging recent Presidential orders on Article 370 and bifurcation of Jammu and Kashmir into two Union Territories.

Another petition is of six retired military officers and bureaucrats who had challenged the decision to revoke Article 370.

Other petitioners include advocate M.L. Sharma, Shakir Shabir and Soyaib Qureshi. A plea of Executive Editor of Kashmir Times Anuradha Bhasin seeking direction to relax movement of media personnel as well as photojournalists for free reporting on the situation will also be heard on Wednesday.

Another plea is of a law graduate in Delhi, Mohammad Aleem Syed, seeking information on the whereabouts of his family in Kashmir.

Also read: Rules under Consumer Protection Act to be notified by December 31: Paswan

22:44 August 28

Muzaffar Iqbal Khan (Advocate)

SC issue notice to the centre on Article 370

Muzaffar Iqbal Khan, an advocate who also filed a petition challenging the abbrogation of Article 370, said, "Concurrence of the governor is no concurrence at all which is the requirement of Article 370 Clause 3(D). They have misused that provision." Adding on further he said, "If you see the presidential order to act on the advice of his council of ministers. Once there is no council he can not act." The decision of the court to refer it to the larger bench was welcomed by him.

21:54 August 28

Tehseen Poonawala (Petitioner)

SC issue notice to the centre on Article 370

The Supreme Court bench led by the Chief Justice of India, Ranjan Gogoi, has issued a notice to the central government on petitions filed on issues pertaining to the abrogation of Article 370 and said that in the first week of the october.

Tehseen Poonawala, who is a petitioner in the matter said, that he has no issues with Article 370 but he wants the government to be answerable.Solicitor General (SC), Tushar Mehta had said in the court that he was a TV personality, to which Poonawala said that he has a fantastic personality therefore he is on TV and Mehta should put legal arguments. He said, "I will continue to be on TV and continue to oppose the government."

16:44 August 28

Usmaan (Petitioner)

Petition filed in SC in support of Centre's notification on Article 370

All India Bar Council also supported the government's move of scrapping Article 370 and said that they want Kashmiris to walk every step with Indians.

Commenting on the media reports showing violence in Kashmir, the chairman of the minority division of the association, Usmaan, said that in curfew anti-social elements need to be stopped and most of the content regarding the issue on social media is fake.

16:19 August 28

Amit Raina (Spokesperson of Kashmiri Pandits' organisation)

Petition filed in SC in support of Centre's notification on Article 370

Amidst petitions filed challenging the Article 370 and blockade of information and communication, there were also petitions filed which were supporting the government's decision.

Amit Raina, spokesperson of Kashmiri Pandits' organisation, filed a caveat in the court asking the court to hear its arguments before passing any order. He pleaded that no stay should be given on the petition against the abrogation of article 370, 35A and bifurcation of the state into union territories.

11:09 August 28

SC seeks response from Centre on plea on media restrictions

Supreme Court issues notice to Centre on the plea by Kashmir Times Executive Editor, Anuradha Bhasin, seeking a direction for relaxing restrictions on the internet, landline, and other communication channels. SC sought a detailed response from the Centre within 7 days.

11:02 August 28

SC allows Yechury to travel to Kashmir, meet CPI(M) colleague

Supreme Court allows CPI(M) leader Sitaram Yechury to visit Jammu and Kashmir to meet his party leader and former MLA, Yousuf Tarigami. Chief Justice of India (CJI) Ranjan Gogoi said, "We will permit you to go, you are the general secretary of a party. Don't go for anything else."

Supreme Court said that the visit of Sitaram Yechury should only be to meet party leader Yousuf Tarigami as a friend, and not for any political purpose.

The bench said if Yechury indulges in any political activities, authorities are free to report them to the apex court.

11:00 August 28

SC issues notice to Centre, all Art 370 pleas to be heard in October

The Supreme Court decides to examine the legal challenge against the Centre's decision to revoke special status to Jammu and Kashmir under Article 370 of the Constitution, and referred the matter to a five-judge Constitution bench.

The apex court issued notices to the Centre and Jammu and Kashmir administration on a batch of pleas challenging the Presidential order by which Article 370 was abrogated.

A bench headed by Chief Justice Ranjan Gogoi was not in agreement with the Centre that there was no need for issuance of notice in the matter as Attorney General K K Venugopal and Solicitor General were marking their presence in the court.

"We will refer the matter to a five-judge Constitution bench", the bench also comprising justices S A Bobde and S A Nazeer said while not accepting the arguments that the issuance of notice will have a "cross-border repercussion".

The Attorney General said whatever is being said by this court is sent before the United Nations, while Solicitor General Tushar Mehta requested the court to not issue notice in the matter as it could be misused by other countries.

As the counsel appearing for both sides were involved in arguments and counter-arguments, the bench said, "We know what to do, we have passed the order, we are not going to change".

10:56 August 28

SC allows petitioner to travel to valley, directs govt to provide police protection

Chief Justice of India (CJI), Ranjan Gogoi allows Mohammad Aleem Syed, one of the petitioners in the case, to travel to Anantnag to meet his parents. Court has directed the Jammu and Kashmir Government to provide police protection to him.

10:53 August 28

SC begins hearing

Supreme Court starts hearing a batch of petitions questioning the validity of the Central Government's decision to revoke special status to Jammu and Kashmir under Article 370 of the Constitution.

08:03 August 28

The Supreme Court of India will hear around 10 petition related to Article 370, challenging the Centre's decision while other are connected with the imposition of curfew and its consequences in the region.

New Delhi: The Supreme Court will hear around 10 petitions related to abrogation of Article 370, granting special status to Jammu and Kashmir, on Wednesday.

Most of them challenging the Centre's decision revoking Article 370 while others are connected with the imposition of curfew and its consequences in the region.

The pleas will be heard by a bench headed by Chief Justice Ranjan Gogoi.

The bench will hear Communist Party of India (Marxist) leader Sitaram Yechury's habeas corpus petition, in which, he has challenged the detention of Kashmir politician and party general secretary Mohammed Yousuf Tarigami.

Another plea is of Tehseen Poonawalla, a social activist, who has raised the issue of lockdown in the region as amounting to suspension of Article 19 (freedom of speech) and 21 (personal liberty) of the Constitution.

The plea said, "The actions taken by Union of India pertains to gross abuse of its powers under law, whereby the people of J&K are suffering on account of unwarranted imposition of undeclared curfew and further emergency-like restrictions are being imposed under the garb of Section 144 of the Code of Criminal Procedure, 1973."

Another petition filed by National Conference leader Mohammad Akbar Lone, who has cited 'Swaraj' or self-governance, said the right to autonomous self-government within a federal framework is an essential fundamental right. These valuable rights have been taken away without the "procedure established by law" in a manner that violates every canon of Constitutional morality.

He said Article 370 was extensively considered and carefully drafted in order to ensure peaceful and democratic accession of the formerly princely state of Jammu and Kashmir to the Indian Union, drawing out the significance of Article 370, which defines and regulates the relationship between J&K and the Union of India.

Shah Faesal, an independent politician and former bureaucrat from Jammu and Kashmir in a joint petition with activist Shehla Rashid has challenged the Centre's move to scrap Article 370.

The bench will also hear Kashmiri artist Inder Salim alias Inder Ji Tickoo and a veteran journalist Satish Jacob's joint plea challenging recent Presidential orders on Article 370 and bifurcation of Jammu and Kashmir into two Union Territories.

Another petition is of six retired military officers and bureaucrats who had challenged the decision to revoke Article 370.

Other petitioners include advocate M.L. Sharma, Shakir Shabir and Soyaib Qureshi. A plea of Executive Editor of Kashmir Times Anuradha Bhasin seeking direction to relax movement of media personnel as well as photojournalists for free reporting on the situation will also be heard on Wednesday.

Another plea is of a law graduate in Delhi, Mohammad Aleem Syed, seeking information on the whereabouts of his family in Kashmir.

Also read: Rules under Consumer Protection Act to be notified by December 31: Paswan

Intro:Body:

New Delhi, Aug 27 (IANS) The Supreme Court will hear around 10 petitions related to abrogation of Article 370, granting special status to Jammu and Kashmir, on Wednesday.

Most of them challenging the Centre's decision revoking Article 370 while others are connected with the imposition of curfew and its consequences in the region.

The pleas will be heard by a bench headed by Chief Justice Ranjan Gogoi.

The bench will hear Communist Party of India (Marxist) leader Sitaram Yechury's habeas corpus petition, in which, he has challenged the detention of Kashmir politician and party general secretary Mohammed Yousuf Tarigami.

Another plea is of Tehseen Poonawalla, a social activist, who has raised the issue of lockdown in the region as amounting to suspension of Article 19 (freedom of speech) and 21 (personal liberty) of the Constitution.

The plea said, "The actions taken by Union of India pertains to gross abuse of its powers under law, whereby the people of J&K are suffering on account of unwarranted imposition of undeclared curfew and further emergency-like restrictions are being imposed under the garb of Section 144 of the Code of Criminal Procedure, 1973."

Another petition filed by National Conference leader Mohammad Akbar Lone, who has cited 'Swaraj' or self-governance, said the right to autonomous self-government within a federal framework is an essential fundamental right. These valuable rights have been taken away without the "procedure established by law" in a manner that violates every canon of Constitutional morality.

He said Article 370 was extensively considered and carefully drafted in order to ensure peaceful and democratic accession of the formerly princely state of Jammu and Kashmir to the Indian Union, drawing out the significance of Article 370, which defines and regulates the relationship between J&K and the Union of India.

Shah Faesal, an independent politician and former bureaucrat from Jammu and Kashmir in a joint petition with activist Shehla Rashid has challenged the Centre's move to scrap Article 370.

The bench will also hear Kashmiri artist Inder Salim alias Inder Ji Tickoo and a veteran journalist Satish Jacob's joint plea challenging recent Presidential orders on Article 370 and bifurcation of Jammu and Kashmir into two Union Territories.

Another petition is of six retired military officers and bureaucrats who had challenged the decision to revoke Article 370.

Other petitioners include advocate M.L. Sharma, Shakir Shabir and Soyaib Qureshi. A plea of Executive Editor of Kashmir Times Anuradha Bhasin seeking direction to relax movement of media personnel as well as photojournalists for free reporting on the situation will also be heard on Wednesday.

Another plea is of a law graduate in Delhi, Mohammad Aleem Syed, seeking information on the whereabouts of his family in Kashmir.

Conclusion:

Last Updated : Aug 28, 2019, 11:11 PM IST

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