SC to think about itemizing of pleas difficult abrogation of Article 370 giving particular standing to J-Ok 

Express News Service

NEW DELHI: The Supreme Court on Friday stated it can take a call on the early itemizing of petitions difficult the Centre’s resolution to abrogate provisions of Article 370 which had given particular standing to Jammu and Kashmir.

The plea was talked about by Senior Advocate Raju Ramachandran earlier than the bench additionally comprising Justices PS Narasimha and JB Pardiwala. 

Considering senior counsel’s submissions, CJI DY Chandrachud stated, “I will take a call.”

The pleas had been final listed on March 2, 2020, when the structure bench had held that there was no must refer the matter relating to the difficult to the Presidential Orders issued below Article 370 to a bigger Bench. 

ALSO READ | Pakistan PM affords peace talks, however ties it to Article 370

Earlier when the pleas had been talked about earlier than the bench headed by CJI DY Chandrachud, the choose whereas agreeing to think about itemizing the case had stated, “We’ll examine and give a date.”

In wake of the amendments, many petitions had been filed earlier than the Supreme Court, praying that the Presidential Orders issued below Article 370, repealing the particular standing of the Jammu and Kashmir, and the J&Ok (Reorganisation) Act, 2019, be declared unconstitutional. One of the pleas averred that it was “striking at the heart of the principles on which the State of J&K had integrated”. 

The listening to had commenced on December 10, 2019 – 4 months after the repeal of the J&Ok particular standing – earlier than a Constitution Bench comprising Justices N V Ramana (now retired), SK Kaul, R Subhash Reddy (now retired), B R Gavai and Surya Kant. Some of the petitioners throughout the course of the listening to had nonetheless hunted for reference of the matter to a 7-judge Bench in gentle of the contrasting opinions expressed by two coordinate benches of the Supreme Court within the circumstances of Prem Nath Kaul and Sampath Prakash which was refused by March 2, 2020 order. 

By abrogating Article 370, the Central authorities revoked the particular standing of Jammu and Kashmir.

NGO, People’s Union of Civil Liberties (PUCL), Jammu and Kashmir High Court Bar Association, and an intervenor had sought referring of the matter to a bigger bench on grounds that two judgements of the apex courtroom — Prem Nath Kaul versus Jammu and Kashmir in 1959 and Sampat Prakash versus Jammu and Kashmir in 1970 — which handled the problem of Article 370 conflicted one another and subsequently, the present bench of 5 judges couldn’t hear the problem.

ALSO READ | Supreme Court agrees to listen to plea on nullification of Article 370

Disagreeing with the petitioners, the bench had stated it was of the opinion that “there is no conflict between the judgements”.

(With inputs from PTI)

NEW DELHI: The Supreme Court on Friday stated it can take a call on the early itemizing of petitions difficult the Centre’s resolution to abrogate provisions of Article 370 which had given particular standing to Jammu and Kashmir.

The plea was talked about by Senior Advocate Raju Ramachandran earlier than the bench additionally comprising Justices PS Narasimha and JB Pardiwala. 

Considering senior counsel’s submissions, CJI DY Chandrachud stated, “I will take a call.”

The pleas had been final listed on March 2, 2020, when the structure bench had held that there was no must refer the matter relating to the difficult to the Presidential Orders issued below Article 370 to a bigger Bench. 

ALSO READ | Pakistan PM affords peace talks, however ties it to Article 370

Earlier when the pleas had been talked about earlier than the bench headed by CJI DY Chandrachud, the choose whereas agreeing to think about itemizing the case had stated, “We’ll examine and give a date.”

In wake of the amendments, many petitions had been filed earlier than the Supreme Court, praying that the Presidential Orders issued below Article 370, repealing the particular standing of the Jammu and Kashmir, and the J&Ok (Reorganisation) Act, 2019, be declared unconstitutional. One of the pleas averred that it was “striking at the heart of the principles on which the State of J&K had integrated”. 

The listening to had commenced on December 10, 2019 – 4 months after the repeal of the J&Ok particular standing – earlier than a Constitution Bench comprising Justices N V Ramana (now retired), SK Kaul, R Subhash Reddy (now retired), B R Gavai and Surya Kant. Some of the petitioners throughout the course of the listening to had nonetheless hunted for reference of the matter to a 7-judge Bench in gentle of the contrasting opinions expressed by two coordinate benches of the Supreme Court within the circumstances of Prem Nath Kaul and Sampath Prakash which was refused by March 2, 2020 order. 

By abrogating Article 370, the Central authorities revoked the particular standing of Jammu and Kashmir.

NGO, People’s Union of Civil Liberties (PUCL), Jammu and Kashmir High Court Bar Association, and an intervenor had sought referring of the matter to a bigger bench on grounds that two judgements of the apex courtroom — Prem Nath Kaul versus Jammu and Kashmir in 1959 and Sampat Prakash versus Jammu and Kashmir in 1970 — which handled the problem of Article 370 conflicted one another and subsequently, the present bench of 5 judges couldn’t hear the problem.

ALSO READ | Supreme Court agrees to listen to plea on nullification of Article 370

Disagreeing with the petitioners, the bench had stated it was of the opinion that “there is no conflict between the judgements”.

(With inputs from PTI)