Article 370 abrogation: Supreme Court seeks Centre’s reply on pleas challenging decision, next hearing on November 14

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Updated: Oct 01, 2019 2:56 PM

Several petitions have been filed in the Supreme Court challenging the Modi government's August 5 decision to end the provisions of Article 370 from Jammu and Kashmir.

Article 370 scrapped, Article 370 hearing SC seeks Centre’s response on pleas challenging abrogation of Article 370.

The Supreme Court on Tuesday issued a notice to the central government over the abrogation of Article 370 from Jammu and Kashmir. A five-judge Constitution bench headed by Justice N V Ramana asked the Centre to file its response on the petitions challenging the annulment of the Article 370 which gave special status to the border state within four weeks. The court said that it will take up the matter for further hearing on November 14.

Several petitions have been filed in the top court challenging the Modi government’s August 5 decision to end the provisions of Article 370 from the state and bifurcate it into two Union Territories of Jammu and Kashmir and Ladakh. The UTs will come into being on October 31.

The court also allowed the Centre and Jammu and Kashmir administration to file counter-affidavits on petitions challenging scrapping of Article 370.

“We have to allow the Centre and the J&K administration to file counter-affidavit otherwise we can’t decide the matter,” the bench also comprising justices S K Kaul, R Subhash Reddy, B R Gavai and Surya Kant said.

The court refused plea of petitioners that not more than two weeks be given to Centre and J&K administration for filing counter-affidavits. Besides, the bench also put embargo on filing of any fresh writ petition challenging constitutional validity on abrogation of Article 370. While directing the registry not to entertain pleas demanding similar issues, the court clarified that there is no bar on entertaining petitions dealing with other issues related to Article 370.

Advocate ML Sharma was the first petitioner in the case when he filed a petition in the court on August 6. Later, several political parties including the National Conference (NC), the Sajjad Lone-led J&K Peoples Conference and CPI (M) leader Mohd Yousuf Tarigami have filed pleas in the court. The petitions have challenged the Constitutional validity of the Centre’s decision and subsequent Presidential orders on scrapping the provisions of the Article 370. These petitions have also challenged the bifurcation of the state into Union Territories of Jammu and Kashmir, and Ladakh.

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