Supreme Court constitutes a Constitutional bench for hearing the petitions related to the abrogation of Article 370 from July 11
On Monday, July 03, 2023, the Supreme Court of India issued a notice stating that the five-judge Constitution bench is constituted for hearing a batch of petitions challenging the abrogation of Article 370. It deprived Jammu & Kashmir of its special privileges as well as led to the bifurcation of the state into two Union Territories in 2019. The bench constitutes Hon’ble Mr. Chief Justice of India DY Chandrachud, Hon’ble Mr. Justice Sanjay Kishan Kaul, Hon’ble Mr. Justice Sanjiv Khanna, Hon’ble Mr. Justice B.R. Gavai, and Hon’ble Mr. Justice Surya Kant. It was mentioned in the notice that they will take up the matters on 11.07.2023 (Tuesday) at 10.30 am for passing directions.
Earlier, Mehbooba Mufti (People’s Democratic Party Chief) urged the CJI to list the matter for an early hearing. She told the reporters, “We want to invite the attention of the CJI to the petitions which are pending in the Supreme Court for the last four years and also towards the plight of…people, especially the youth who are in jails within and outside J-K without any trial.” It was determined that more than 20 petitions were filed against the August 2019 decision of the Indian government challenging the constitutional validity of the abrogation of Article 370. Moreover, the report illustrated that “Petitioners claimed that constitutional provisions were violated while making the decision.”
Further on February 17, the petitioners brought the matter for early listing and the Chief Justice of India agreed to give an appropriate date for hearing the case. The same case was pending before the Supreme Court for over two years. The case was not heard after March 2020 as a five-judge bench of the Supreme Court refused to refer the petitions to a larger bench. On hearing the notice of the top Court to hear the cases related to the abrogation of Article 370 from July 11, various political leaders and Ministers represented their enthusiasm for the same on Twitter.
Mehbooba Mufti tweeted, “The SC ruling on Article 370 maintained that the provision can be abrogated only on the recommendation of the J&K constituent assembly.” On the other hand, Omar Abdullah tweeted, “Finally the bench is constituted. I look forward to the hearings beginning in right earnest now.” Moreover, BJP spokesperson Altaf Thakur tweeted “Article 370 was removed legally by the Parliament. Those who want to take the matter to court can do as they are open to all. But, Article 370 is already dead…The dead cannot be brought back…”
