Will hear pleas against repeal of Art 370 after vacation : SC : The Tribune India


Tribune press service

New Delhi, April 25

Petitions challenging the overturning of Section 370 could be resumed after the summer recess, the Supreme Court said on Monday. “Let me see…after the holidays.” It is a matter of five judges. I will have to replenish the bench, etc. a bench headed by Chief Justice of India N.V. Ramana told senior barrister Shekhar Naphade after submitting on behalf of a petitioner that the case required an urgent hearing given the delineation exercise. in progress at J&K. .

On August 28, 2019, the Supreme Court referred those motions to a five-judge Constitutional Bench. In March 2020, she refused to return her to a wider bench of seven judges.

The petitions were originally referred to a Constitution bench headed by Justice NV Ramana in 2019 by then CJI Ranjan Gogoi. Besides Justice Ramana, Justices Sanjay Kishan Kaul, R Subhash Reddy (since retired), BR Gavai and Surya Kant were part of the judiciary. Now the bench of five judges will have to be replenished in view of Judge Reddy’s retirement in January this year.

The J&K Reorganization Act 2019, which split the state into two UTs of J&K and Ladakh, has already been implemented. The changes entered into force on October 31, 2019 after being notified to the official journal.

There are about two dozen such petitions, including those from Delhi-based lawyer M. L. Sharma, J&K-based lawyer Shakir Shabir, National Lok Sabha Conference MPs Mohammad Akbar Lone and Justice Hasnain Masoodi (retired), bureaucrat-turned-politician Shah Faesal and party colleague Shehla Rashid.

There is another Public Interest Litigation (PIL) filed by former J&K interlocutor Radha Kumar, Air Vice Marshal Kapil Kak (retired), Major General Ashok Mehta (retired) and former officers from IAS Hindal Haidar Tyabji, Amitabha Pande and Gopal Pillai.

Former J&K MP Mohammed Yousuf Tarigami moved the SC in August last year to demand a speedy hearing of petitions challenging the validity of the repeal of the former state’s special status.

Previously, the J&K People’s Conference (JKPC) led by Sajad Gani Lone in November 2020 called for a speedy hearing of petitions challenging the nullification of Sections 370 and 35A of the Constitution.

More than 20 petitions wait for the hearing

  • There are about two dozen petitions challenging the removal of Sections 370 and 35A and the bifurcation of the old state into UT of J&K and Ladakh
  • Among the petitioners are J&K lawyer Shakir Shabir, Shah Faesal, LS MPs Mohammad Akbar Lone and Hasnain Masoodi.

case with 5 judges

It is a matter of five judges. I’m going to have to rebuild the Bench. — At Bench, led by the CJI

Christopher S. Washington