First published in The Leaflet.
The Supreme Court adjourned the hearing of the batch of petitions challenging the constitutional validity of the Centre’s decision to abrogate Article 370, that gave special status to Jammu and Kashmir, and listed the matter for further hearing on November 14.
The top court also directed the registry not to entertain any further petitions challenging the constitutional validity of the amendment to Article 370. However, it clarified that it would entertain petitions dealing with other issues related to Article 370.
Attorney General of India, KK Venugopal and Solicitor General Tushar Mehta, who appeared for the Central Government, had earlier sought time to file counter-affidavits in the individual petitions.
The request was opposed by senior advocate Raju Ramchandran who pointed out that the reorganization of the state will be given effect on October 31 and therefore the matters should not be rendered infructuous.
Justice N V Ramana said that “we have to allow the Centre and the J&K administration file counter-affidavit otherwise we can’t decide the matter”.
Then the constitution bench comprising Justices NV Ramana, Sanjay Kishan Kaul, Subhash Reddy, BR Gavai and Surya Kant allowed four-week time to the Central Government to file counter-affidavits to the ten different petitions.
The court also allowed one week time, thereafter, to the petitioners to file rejoinders to the counter-affidavits.
The bench further made it clear that it would direct the Central Government to produce every relevant document pertaining to its decision to scrap Article 370.
The constitution bench was hearing a batch of petitions challenging the constitutional validity of Presidential Order of August 5 which repealed the special status of Jammu and Kashmir and bifurcated the state into two Union Territories.
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