Supreme Court To Hear Pleas Against Abrogation Of Article 370

Petitions challenging the abrogation of Article 370 and the division of the erstwhile state of Jammu & Kashmir into two Union territories are to be heard by the Supreme Court of India from August 2, 2023, informed by SCI on Tuesday, July 11.

A five-judge constitution bench, including Chief Justice of India DY Chandrachud and Justices Sanjay Kishan Kaul, Sanjiv Khanna, Br. Gavai, and Surya Kant, stated in an order that pleas for the case will be heard starting from August 2, 2023, at 10:30 and continue to proceed on a daily basis, except Mondays and Fridays.

The court has also demanded that all the parties shall file all the documents, compilations, and written submissions by July 27, 2023. The SCI has also ordered the Nodal Counsel to ensure compilations are indexed and paginated. It also ordered that all the counsel shall receive the copies.

Two petitioners IAS Shah Faesal and rights activist Shehla Rashid were also granted permission by the supreme court to have their names withdrawn from the court’s records as petitioners. According to the center, the state has had an unprecedented era of peace, growth, and prosperity since 2019 when Article 370 was repealed.

The judge also took note of the center’s statement that the most recent affidavit submitted by the government should not be used as support to argue on the aspect of constitutionality.
The central administration has defended the decision to repeal Article 370 from J&K by claiming that as a result of the amendments, the separatist and terrorist-engineered street violence is now a thing of the past. According to the center, the state has had an unheard-before age of peace, advancement, and prosperity since 2019 when Article 370 was repealed.

Article 370’s abrogation and the decision to revoke the special status of J&K was announced on August 5, 2019.