Petitions challenging the abrogation of Article 370 in Jammu and Kashmir and the state's bifurcation into two Union Territories will be heard on a day-to-day basis from August 2, the Supreme Court said today. The petitions were last heard in March 2020.
“The hearing of the petitions before the Constitution Bench shall commence on August 2, 10:30 am, and then proceed on a day-to-day basis, barring miscellaneous days, that is Monday and Friday,” Chief Justice of India DY Chandrachud said.
The other members of the bench are Justices Sanjay Kishan Kaul, Sanjiv Khanna, BR Gavai and Surya Kant.
During the proceedings today, the bench ordered that written compilations should be submitted by July 27 and no more submissions will be allowed after that. The court appointed advocates S Prasanna and Kanu Agarwal as nodal counsels for the preparation of common convenience compilations.
The CJI said the court would not shut anyone out as far as impleadments are concerned, but added that time will have to be rationed and apportioned.
Solicitor General Tushar Mehta told the court that the centre has filed an additional affidavit setting out its view on developments after the notification of Article 370's abrogation. He said the affidavit would have no bearing on the constitutional question and would not be relied upon for that purpose.
In the affidavit, which was filed yesterday, the centre had said the move to scrap Article 370 in August 2019 has led to an "unprecedented era of peace" in Jammu and Kashmir and Ladakh.
Senior advocate Raju Ramachandran informed the bench that he was appearing for seven petitioners, and two - Shah Faesal and Shehla Rashid - now want their names to be deleted. Solicitor General Tushar Mehta said Faesal is an IAS officer and hence may not want to pursue the matter. The CJI allowed the deletions.
Article 370 was scrapped in August 2019 through a series of legislative and executive decisions after which the Parliament had passed the Jammu and Kashmir Reorganisation Act to bifurcate the state.
The case was last heard by a different five-judge bench in March 2020. In that hearing, the bench had refused to refer the matter to a larger, seven-judge bench.
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