Hearing on petitions related to Article 370 will start from August 2, SC rejected the new affidavit of the Center
Supreme Court: The Supreme Court will hear from August 2 the petitions challenging the removal of Article 370 from Jammu and Kashmir.
Article 370 Abrogation: A hearing was held in the Supreme Court on Tuesday on more than 20 petitions challenging the decision to remove Article 370 from Jammu and Kashmir. The court said that we will hold regular (day-to-day) hearing on these petitions from 2 August. Article 370 is being heard in the Supreme Court after three years. Earlier in the year 2020, a constitutional bench of five judges had heard this case. At that time the court had said that we are not transferring this matter to a larger constitutional bench.
The petitioners in these petitions, IAS officer Shah Faesal and activist Shehla Rashid, have withdrawn the petition from the Supreme Court in this matter. The Supreme Court agreed and removed their names as petitioners. The petitioner complained in the Supreme Court about whose name should be the first in the petitions. After this, the Supreme Court changed the title of the case.
The Supreme Court will not hear the new affidavit filed by the Central Government. The Constitution Bench of the Supreme Court said that it would hear only on constitutional issues. The new affidavit of the Center has no effect in this matter. The Constitution Bench of the Supreme Court has asked all the parties to give their answers. On behalf of the Central Government, Solicitor General Tushar Mehta gave information about the change in the situation in Kashmir after the abrogation of Article 370 by the Supreme Court. Justice Sanjay Kishan Kaul said that this is a completely constitutional issue.
Regular hearing of the case will be held from August 2.
Chief Justice DY Chandrachud said, ‘We will hear these petitions from 10:30 am on August 2. We will hear on Article 370 every day except Monday and Friday. If anything else needs to be added in this matter, then it should be completed by the last week of July and its copy should be handed over to all the lawyers.
Article 370 was abrogated on August 5, 2019
The petitions will be heard by a five-judge bench headed by Chief Justice DY Chandrachud. In which Justice Sanjay Kishan Kaul, Justice Sanjeev Khanna, Justice BR Gavai and Justice Suryakant will also be there. The Central Government abrogated Article 370 from Jammu and Kashmir on 5 August 2019. Since October 2020, the constitution bench is hearing the matter.
The Center had filed an affidavit in the matter on Monday, a day before the hearing in the Supreme Court on Tuesday. It was said from the Center that Jammu and Kashmir has faced terrorism for three decades. The only option to end this was to end Article 370. In its affidavit, the Union Home Ministry said that after the abrogation of Article 370, Jammu and Kashmir has witnessed unprecedented stability and progress, stone-pelting has become a thing of the past.
Know what the central government said in its affidavit?
The affidavit states that life has returned to normal in the region after three decades of turmoil. Schools, colleges and other public institutions are functioning smoothly in the last three years. The earlier practice of hartals, stone pelting and bandhs have now become a thing of the past. The affidavit underlined that there has been no incident of stone pelting since the abrogation of Article 370. However, the Supreme Court said that the fresh affidavit of the Center would not be considered.
Injustice done to the people of Jammu and Kashmir: Omar Abdullah
National Conference leader Omar Abdullah said, ‘We have been waiting for this day since 2019, because we feel that our case is strong. We will also keep hope from the Supreme Court and request that it should be heard at the earliest. We expect justice, the injustice meted out to the people of Jammu and Kashmir on 5th August 2019, the betrayal, the flouting of the law, the answer from the Supreme Court.
Mehbooba Mufti welcomed the court’s decision
Former Chief Minister of Jammu and Kashmir and PDF chief Mehbooba Mufti has welcomed this decision of the court. Mufti said that I hope that the people of Jammu and Kashmir will get justice. It was clear from the Supreme Court’s decision on Article 370 that it can be revoked only on the recommendation of the Legislative Assembly of Jammu and Kashmir.
Parliament approved on August 5, 2019, to remove the special status granted to Jammu and Kashmir by Articles 370 and 35A. Then Union Home Minister Amit Shah had described it as a ‘historic step to correct a historical blunder’.
