| Five-judge Constitution bench to hear challenge to Article 370 abrogation, J&K bifurcation | | | Agencies
The Supreme Court on Wednesday referred the petitions challenging the validity of the abrogation of the special status of Jammu and Kashmir and bifurcation of the state into two Union Territories to a five-judge Constitution Bench.
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The bench of CJI Ranjan Gogoi, Justice S A Bobde and Abdul Nazeer said that issued notice in the matters while fixing the first week of October to hear it. The court also sought a response from the Centre and Jammu and Kashmir administration.
“We will refer the matter to a five-judge Constitution bench”, the bench said while not accepting the arguments that the issuance of notice will have a “cross-border repercussion”.
Notice is issued for the purpose of intimating parties to be present for the hearing. We are already here”, said Mehta, adding that “it had repercussions in other countries”. Ramachandran wondered how the court issuing notice in the normal course “can embarrass anyone”.
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Mehta replied that it “doesn’t embarrass anyone, but other countries are taking advantage”. Attorney General K K Venugopal also urged the court not to issue a notice saying “this is a very serious issue”.
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”.
National Conference leaders, IAS officer-turned-politician Shah Faesal, activist Shehla Rashid, Advocate M L Sharma and a Kashmiri lawyer are among the petitioners that have challenged the Centre’s August 5 decision to scrap Article 370. |
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