Supreme Court to hear pleas challenging abrogation of Article 370 from August 2

The hearing will begin on Aug 2 at 10:30 am and then proceed on day-to-day basis barring miscellaneous days of Mondays and Fridays.

The Supreme Court on Tuesday decided to begin day-to-day hearing from August 2 on a batch of petitions challenging the August 5, 2019 decision to withdraw the special status granted to erstwhile state of Jammu & Kashmir.

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 and then proceed on day-to-day basis barring miscellaneous days of Mondays and Fridays.

The court also noted a submission by Solicitor General Tushar Mehta, representing the Centre 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 has no bearing on the constitutional question.

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Mehta 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.

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Senior advocate Raju Ramachandran informed the court that IAS officer Shah Faesal and activist Shehla Rashid have withdrawn their petitions.

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

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.

The Centre, by modifying the provisions of Article 370 on August 5, 2019, 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.

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