38.6c New Delhi, India, Wednesday, June 19, 2024
Judiciary

Article 370 Hearing: Ruckus Between AG/SG And Rajiv Dhavan On 5th Day Of Hearing; SC Reserves Order On Reference To Larger Bench

By LawStreet News Network      23 January, 2020 11:01 PM      0 Comments
Article 370 Hearing: Ruckus Between AG/SG And Rajiv Dhavan On 5th Day Of Hearing; SC Reserves Order On Reference To Larger Bench

A five-Judge Constitution Bench of the Supreme Court headed by Justices NV Ramana and comprising Justices SK Kaul, R Subhash Reddy, BR Gavai and Surya Kantis presently hearing the matters related to the constitutional validity of the abrogation of Article 370 of the Constitution which has effectively removed the special status granted to the Jammu & Kashmir state. Today was the 5th day of hearing and some interesting exchanges between Attorney General (AG) KK Venugopal, Solicitor General Tushar Mehta and Senior Advocate Rajiv Dhavan took place in the court room. 

Senior advocate Rajiv Dhavan conveyed to the court at the beginning that he supports the AG in question of reference to a larger bench, as there is no need to do it. 

AG countered to the submissions made by Senior Advocate Zafar Ahmed Shah yesterday by saying that the tribesmen under command of Pakistan army officials had come till Baramulla & “raped & killed right through” prompting the then Maharaja to seek help of Indian army. He also explained on how accession of J&K to the Indian Union had taken place and added that “it is irreversible”.

AG KK Venugopal while defending the government’s move to abrogate Article 370 told the Supreme Court that “the sovereignty of J&K was always temporary and India is after all a Union of States.”

AG apprised the court that there is no conflict between Prem Nath Kaul vs The State of Jammu & Kashmir [AIR 1959 SC 749] and Sampat Prakash vs State of Jammu & Kashmir & Anr [AIR 1970 SC 1118] necessitating reference of the matter to a 7-judge bench. 

At the end AG told the court that all questions regarding Article 370 and power of Parliament under it were settled in earlier judgments and there is no need to reopen it. 

Following AG, the Solicitor General (SG) Tushar Mehta while making submissions concurred with AG and told the court that Prem Nath Kaul and Sampat Prakash judgments may have taken different perceptions but there is no conflict and hence, matter need not be referred to a larger bench.

Solicitor General Tushar Mehta pointed out to the Court that "No argument favouring secession or giving wrong picture about Kashmir should be permitted”.

After SG’s submissions Rajeev Dhavan explained the bench that the issue before this court is not whether Jammu & Kashmir is a part of India or not but the real issue is on what terms Jammu & Kashmir is a part of India.

Rajeev Dhavan further argued that a treaty and a J&K Constitution are in reality dismissed by the government’s move and for the first time Article 3 is used to demote any state in the constitutional history of India. He also criticised the imposition of the President’s rule prior to the abrogation of Article 370.

When AG proceeded to handover to bench copies of the Pakistani media reports on the SC hearing, Dhavan opposed it and said that AG is giving political argument. To which SG countered by saying that yesterday’s argument by Senior Advocate Zafar Ahmed Shah were also political. 

AG defended his historical arguments made at the beginning of the submissions by saying that he had to make it as a reply to what the opposite side had said it in their arguments and submissions. 

Justice BR Gavai also said that they had to hear what AG had to say as they had already heard the other side on historical perspective. 

When Rajiv Dhavan showed the maps of J&K, SG objected to it and asked why he was not arguing on merits. Dhavan was quick to bounce back by saying that if AG can rely on Mountbatten to criticise former PM Jawaharlal Nehru, then why he cannot show the map of J&K.

Following this ruckus Justice BR Gavai inquired with Dhavan on what was the point of showing the map, to which Dhavan replied by saying that he wanted to point out that a brick state has been reduced, dismembered and devoured by two powers.

At the end of the hearing, bench has reserved the order on the issue of reference of the matter to larger bench. 

 

Author: Parth Thummar



Share this article:

User Avatar
About:


Leave a feedback about this
TRENDING NEWS

jain-community-dresses-up-as-muslims-to-buy-124-goats-saves-them-from-bakrid-slaughter
Trending News Updates
Jain Community dresses up as Muslims to buy 124 Goats , saves them from Bakrid slaughter

Jain community in Delhi raises Rs 15 lakh, dresses as Muslims to buy and rescue 124 goats from Bakrid slaughter, garnering praise and attention.

18 June, 2024 01:19 PM
thailand-passes-bill-to-legalise-same-sex-marriage
Trending International
Thailand passes Bill to legalise same-sex marriage

Thailand’s lawmakers approve a marriage equality bill, setting the stage for the country to become Southeast Asia’s first to legalize same-sex marriage.

18 June, 2024 04:51 PM

TOP STORIES

karan-johar-moves-bombay-high-court-against-film-shaadi-ke-director-karan-aur-johar
Trending CelebStreet
Karan Johar moves Bombay High Court against film ‘Shaadi Ke Director Karan Aur Johar’

Karan Johar files a lawsuit in Bombay High Court against the film “Shaadi Ke Director Karan Aur Johar,” seeking to prevent the use of his name in the title.

13 June, 2024 12:01 AM
conspired-to-transform-india-into-an-islamic-country-by-2047-bombay-hc-denies-bail-to-3-islamists-pfi-members
Trending Judiciary
Conspired to transform India into an Islamic country by 2047: Bombay HC denies bail to 3 Islamists PFI members [Read Order]

Bombay High Court denies bail to three PFI members accused of plotting to turn India into an Islamic state by 2047, citing strong evidence and risk of tampering.

13 June, 2024 12:37 AM
delhi-hc-refuses-to-stay-neet-ug-admissions-counselling-over-paper-leak-allegations
Trending Judiciary
Delhi HC refuses to stay NEET-UG admissions counselling, over paper leak allegations

Delhi High Court refuses to stay NEET-UG 2024 counselling amidst allegations of irregularities.

13 June, 2024 12:48 PM
centre-to-hold-re-test-for-1563-candidates-awarded-grace-marks-in-neet-ug-2024
Trending Judiciary
Centre to hold re-test for 1563 candidates awarded grace marks in NEET UG, 2024 [Read Order]

Centre to hold re-test for 1563 candidates awarded grace marks in NEET UG 2024. Date for re-test to be notified on June 13, results by June 30.

13 June, 2024 01:39 PM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email