Supreme Court begins hearing petitions challenging Centre's 5 August decision to abrogate of Article 370

The court, which had earlier put an embargo on filing of any fresh writ petition challenging the abrogation of Article 370, had said it would hear only these two pleas as they have raised some important issues.

Press Trust of India December 10, 2019 13:52:23 IST
Supreme Court begins hearing petitions challenging Centre's 5 August decision to abrogate of Article 370
  • The constitution bench headed by Justice NV Ramana began the hearing on a batch of petitions including that of private individuals, lawyers, activists and political parties.

  • On Monday, a bench headed by Justice NV Ramana asked Solicitor General Tushar Mehta and senior advocate Raju Ramachandaran to come prepared in the matter.

  • The bench also asked the parties to prepare a common compilation of all the documents so that hearing of the matter becomes easier.

New Delhi: The Supreme Court has commenced hearing a batch of pleas challenging the constitutional validity of the Centre's abrogating the provisions of Article 370, which gave special status to erstwhile state of Jammu and Kashmir on Tuesday.

A five-judge Constitution bench headed by Justice NV Ramana began the hearing on a batch of petitions including that of private individuals, lawyers, activists and political parties like National Conference (NC), Sajjad Lone-led Jammu and Kashmir Peoples Conference and CPM leader Mohd Yousuf Tarigami.

The bench, also comprising Justices SK Kaul, R Subhash Reddy, BR Gavai and Surya Kant, had on 14 November refused to pass any interim order on the pleas saying it might lead to delay in the matter and the apex court would settle all the issues at one go after hearing all the parties.

Supreme Court begins hearing petitions challenging Centres 5 August decision to abrogate of Article 370

Supreme Court of India. Reuters

On Monday, a bench headed by Justice NV Ramana asked Solicitor General Tushar Mehta and senior advocate Raju Ramachandaran to come prepared in the matter. The bench also asked the parties to prepare a common compilation of all the documents so that hearing of the matter becomes easier.

Mehta said that although common compilation of submission is ready, but if any fresh material appear during the course of hearing, then it will be filed at a later stage.

Earlier, the top court had also asked the Centre to respond to two fresh petitions which have raised issues related to abrogation of the provisions of Article 370.

The court, which had earlier put an embargo on filing of any fresh writ petition challenging the abrogation, had said it would hear only these two pleas as they have raised some important issues. Besides, the two fresh pleas, a batch of petitions are pending before the apex court.

Several political parties including the National Conference, Jammu and Kashmir Peoples Conference and CPM have filed pleas challenging the Centre's 5 August decision to abrogate Article 370.

The petition on behalf of NC was filed by Lok Sabha MPs Mohammad Akbar Lone and Justice (retd) Hasnain Masoodi. In 2015, Justice (retd) Masoodi had ruled that Article 370 was a permanent feature of the Constitution.

A plea was also filed by a group of former defence officers and bureaucrats – professor Radha Kumar, ex-member of Home Ministry's Group of Interlocutors for Jammu and Kashmir (2010-11), former Jammu and Kashmir cadre IAS officer Hindal Haidar Tyabji, Air Vice Marshal (retd) Kapil Kak, Major Gen. (retd) Ashok Kumar Mehta, ex-Punjab-cadre IAS officer Amitabha Pande and ex-Kerala-cadre IAS officer Gopal Pillai.

Besides, a plea has been filed by bureaucrat-turned-politician Shah Faesal, along with his party colleague Shehla Rashid.

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