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2-min read

'We Know What to Do': SC Refers Pleas on Article 370 to Constitution Bench for October Hearing

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, which granted the special status, was diluted.

News18.com

Updated:August 28, 2019, 4:57 PM IST
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'We Know What to Do': SC Refers Pleas on Article 370 to Constitution Bench for October Hearing
Police personnel block the road near the residences of former chief ministers Omar Abdullah and Mehbooba Mufti, in Srinagar on August 17, 2019. (PTI Photo)
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New Delhi: The Supreme Court on Wednesday decided to examine the legal challenge against the Centre's decision to abrogate special status to Jammu and Kashmir, 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, which granted the special status, was diluted.

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 KK 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 SA Bobde and SA 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.

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".

The first petition challenging the presidential order scrapping Article 370 was filed by advocate ML Sharma, who was later joined by another lawyer from Jammu and Kashmir, Shakir Shabir.

National Conference, a prominent political party from Jammu and Kashmir, filed a petition on August 10, contending that the changes brought in the status of the state had taken away the rights of its citizens without their mandate.

Arguing that the legislation approved by Parliament and the orders issued by the President subsequently were "unconstitutional", the petition prayed for those to be declared as "void and inoperative".

The petition was filed by Mohammad AKbar Lone and Justice (retd) Hasnain Masoodi, both Lok Sabha members of the NC.

Lone is a former speaker of the Jammu and Kashmir Assembly and Masoodi is a retired judge of the Jammu and Kashmir High Court, who ruled in 2015 that Article 370 was a permanent feature of the Constitution.

There are other petitions challenging the Centre's decision to abrogate Article 370, including a plea filed by a group of former defence officers and bureaucrats, who have sought directions declaring the presidential orders of August 5 as "unconstitutional, void and inoperative".

The plea was filed by professor Radha Kumar, a former member of the Home Ministry's Group of Interlocutors for Jammu and Kashmir (2010-11), former IAS officer of Jammu and Kashmir cadre Hindal Haidar Tyabji, Air Vice Marshal (retd) Kapil Kak, Major General (retd) Ashok Kumar Mehta, former Punjab-cadre IAS officer Amitabha Pande and former Kerala-cadre IAS officer Gopal Pillai, who retired as the Union home secretary in 2011.

A petition has also been filed by bureaucrat-turned-politician Shah Faesal, along with his party colleague and former Jawaharlal Nehru University Students' Union (JNUSU) leader Shehla Rashid.

There are other petitions challenging the Centre's decision on Article 370.

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