Tuesday, October 4, 2022
HomeIndian NewsSC agrees to listing after Dussehra trip pleas towards abrogation of Article...

SC agrees to listing after Dussehra trip pleas towards abrogation of Article 370


NEW DELHI: The Supreme Court docket on Friday agreed to listing after Dussehra trip the pleas difficult the Centre’s determination to abrogate provisions of Article 370 which had given particular standing to Jammu and Kashmir.

A bench comprising Chief Justice Uday Umesh Lalit and justices Indira Banerjee and S Ravindra Bhat took word of the submissions of a counsel that the pleas have been assured to be listed after the summer season trip however they may not be listed.

We will definitely listing that,” the CJI stated.

On April 25 this yr, a bench headed by the then CJI N V Ramana, since retired, had agreed to think about itemizing after the summer season trip the pleas difficult the Centre’s determination to abrogate provisions of Article 370.

The pleas have been then talked about by interveners Radha Kumar (tutorial and creator) and Kapil Kak (retired officer of the Indian Air Pressure).

The apex courtroom must re-constitute a five-judge bench to listen to the pleas after Dussehra trip because the ex-CJI Ramana and Justice R Subhash Reddy, who have been a part of the 5 choose bench which had heard the pleas, have retired.

Moreover the 2 former judges, Justices Sanjay Kishan Kaul, B R Gavai and Surya Kant have been a part of the bench which, on March 2, 2020, had declined to confer with a bigger seven-judge bench the batch of petitions difficult the constitutional validity of the Centre’s determination to abrogate provisions of Article 370 on August 5, 2019.

A number of petitions difficult the Centre’s determination to abrogate provisions of Article 370 and the Jammu and Kashmir Reorganisation Act, 2019, which cut up J-Ok into two Union Territories Jammu and Kashmir, and Ladakh have been referred to a Structure Bench headed by Justice Ramana in 2019 by the then CJI Ranjan Gogoi.

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

NGO, Individuals’s Union of Civil Liberties (PUCL), Jammu and Kashmir Excessive Court docket Bar Affiliation, 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.

Disagreeing with the petitioners, the bench had stated it was of the opinion that “there isn’t any battle between the judgements”.

RELATED ARTICLES

LEAVE A REPLY

Please enter your comment!
Please enter your name here

Most Popular

Recent Comments