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Article 370 abrogation: SC to hear daily from Aug 2; allows withdrawal of Shah Faesal, Shehla Rashid petitions

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Published : Jul 11, 2023, 11:00 AM IST

Updated : Jul 11, 2023, 11:28 AM IST

Supreme Court will hear petitions challenging the abrogation of Article 370 and the Jammu and Kashmir Reorganisation Act, 2019, on day-to-day basis from August 2.

Several petitions challenging the Centre's decision to abrogate the provisions of Article 370 and the Jammu and Kashmir Reorganisation Act, 2019, which split J-K into two Union Territories--Jammu and Kashmir, and Ladakh--were referred to a Constitution bench in 2019.
Screengrab from hearing

New Delhi: The Supreme Court on Tuesday said it will begin day-to-day hearing on a batch of petitions challenging the central government's move of abrogating Article 370, which gave a special status to the erstwhile State of Jammu & Kashmir, from August 2.

A constitution bench headed by Chief Justice of India D Y Chandrachud and comprising justices S K Kaul, Sanjeev Khanna, B R Gavai, and Surya Kant said the hearing of the petitions before the constitution bench will commence on August 2, at 10.30 AM and then proceed on day-to-day basis barring miscellaneous days.

The top court noted Solicitor General Tushar Mehta, representing the Centre, has contended before the bench that though Centre has filed an additional affidavit setting out its view on post notification development, it would have no bearing on the constitutional question and it would not be relied upon.

Senior advocate Dushyant Dave, representing a party in the matter, said the affidavit has been widely reported in the press. The CJI observed that the affidavit of the centre has no bearing on the constitutional question. Mehta submitted that there cannot be any reason for any party to shy away on the situation which is there in the state after abrogation of the Article 370.

Senior advocate Menaka Guruswamy, representing a party in the matter, submitted that certain leaders of political parties were arrested so they need to sign the documents. The bench said insofar as impleadment are concerned, “please take it that we won't shut out anyone. But time has to be rationed”.

Senior advocate Raju Ramachandran informed the court hat two petitioners - IAS officer Shah Faesal and activist Shehla Rashid - has sought deletion of their names from court records on this issue. The court agreed and deleted their names as petitioners. In a fresh affidavit, the Centre has contended that J&K witnessed unprecedented stability and progress since the move, with stone pelting becoming a thing of the past.

You can watch the proceedings here:

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New Delhi: The Supreme Court on Tuesday said it will begin day-to-day hearing on a batch of petitions challenging the central government's move of abrogating Article 370, which gave a special status to the erstwhile State of Jammu & Kashmir, from August 2.

A constitution bench headed by Chief Justice of India D Y Chandrachud and comprising justices S K Kaul, Sanjeev Khanna, B R Gavai, and Surya Kant said the hearing of the petitions before the constitution bench will commence on August 2, at 10.30 AM and then proceed on day-to-day basis barring miscellaneous days.

The top court noted Solicitor General Tushar Mehta, representing the Centre, has contended before the bench that though Centre has filed an additional affidavit setting out its view on post notification development, it would have no bearing on the constitutional question and it would not be relied upon.

Senior advocate Dushyant Dave, representing a party in the matter, said the affidavit has been widely reported in the press. The CJI observed that the affidavit of the centre has no bearing on the constitutional question. Mehta submitted that there cannot be any reason for any party to shy away on the situation which is there in the state after abrogation of the Article 370.

Senior advocate Menaka Guruswamy, representing a party in the matter, submitted that certain leaders of political parties were arrested so they need to sign the documents. The bench said insofar as impleadment are concerned, “please take it that we won't shut out anyone. But time has to be rationed”.

Senior advocate Raju Ramachandran informed the court hat two petitioners - IAS officer Shah Faesal and activist Shehla Rashid - has sought deletion of their names from court records on this issue. The court agreed and deleted their names as petitioners. In a fresh affidavit, the Centre has contended that J&K witnessed unprecedented stability and progress since the move, with stone pelting becoming a thing of the past.

You can watch the proceedings here:

  • " class="align-text-top noRightClick twitterSection" data="">
Last Updated : Jul 11, 2023, 11:28 AM IST
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