Supreme Court to Commence Day-to-Day Hearings on Petitions Against Dilution of Article 370 from August 2

NEW DELHI: The Supreme Court on Tuesday said it would start day-to-day hearing on a batch of petitions challenging the August 5, 2019 decision to withdraw the special status granted to Jammu & Kashmir, from August 2, 2023.

A bench of Chief Justice of India D Y Chandrachud and Justices Sanjay Kishan Kaul, Sanjeev Khanna, B R Gavai, and Surya Kant said the hearing of the petitions before the Constitution bench will commence on August 2, at 10:30 AM.

The court clarified that the hearing would proceed on day-to-day basis except on miscellaneous days of Mondays and Fridays.

Appearing for the Centre, Solicitor General Tushar Mehta said that the Ministry of Home Affairs has filed an additional affidavit on Monday, July 10 setting out its view on post notification development, it would have no bearing on the constitutional question and it would not be relied upon.

Senior advocate Dushyant Dave, representing a party in the matter, said the affidavit has been widely reported in the press.

The bench said that the affidavit of the Centre would have no bearing on the constitutional question, pending before the court.

Mehta, however, submitted that there cannot be any reason for any party to shy away on the situation which is there in the state after abrogation of the Article 370. The affidavit merely reflected the present situation of the region and no rejoinder to that may be necessary, he also said.

Senior advocate Menaka Guruswamy, representing a party in the matter, submitted that certain leaders of political parties were arrested so they need to sign the documents. The bench said insofar as impleadment are concerned, “please take it that we won't shut out anyone. But time has to be rationed”.

Senior advocate Raju Ramachandran informed the court that IAS officer Shah Faesal and activist Shehla Rashid have withdrawn their petitions and their names should be deleted from array of the parties.

The court also asked the parties to file their written submissions by July 27 as further time would be allowed for the purpose.

The court also agreed to a suggestion by senior advocate Gopal Sankaranarayanan that there are as many as 23 petitions in the matter so the cause title of the case should be made as "In Re Article 370 Petitions".

Advocate M L Sharma, however, submitted that he was the first person who filed the PIL and a three judge bench had issued notice to the Union government on it.

In its affidavit, the Centre has contended that J&K witnessed unprecedented stability and progress since the move, with the incidents of organised stone pelting becoming a thing of the past.

By modifying the provisions of Article 370 on August 5, 2019, the Centre had revoked the special status of the state of Jammu and Kashmir, and subsequently, the state was bifurcated into two Union Territories of Ladakh and Jammu and Kashmir.

In March, 2020, a five-judge Constitution bench of the Supreme Court had held that there was no need to refer the batch of petitions challenging the decision related to Article 370 to a seven-judge for adjudication.