Article 370: A FIVE-JUDGE BENCH TO HEAR THE PETITIONS CHALLENGING ABROGATION OF ARTICLE -370

The Supreme Court, on Wednesday, referred the petition against the abrogation of Article-370 to a five-judge constitution bench while hearing the case and few others related to it. The bench led by Ranjan Gogoi issued a notice to the Center and the government of Jammu and Kashmir seeking their response on the petitions.

The hearing will commence from the first week of October.

Some individuals and organizations have moved to the Supreme Court, challenging the abrogation of Article-370. Subsequently, petitions on communication issues in Jammu and Kashmir landed in the court.

Advocate ML Sharma on August 6, challenged the center’s move on Article-370 in the apex court. Two parliamentarians-Md. Akbar Lone and Justice (Retd.) Hasnain Masoodi of National Conference subsequently moved to the Supreme Court on August 10 seeking the court to declare the presidential order on Article -370 void and inoperative. Former IAS officer Shaha Faesal too has a petition in the Supreme Court on this issue.

There are other petitions seeking free public movement and open communication networks in Jammu and Kashmir.

The bench has sought a response from the Center on the lock-down in Jammu and Kashmir.  While hearing another petition, it asked the government to facilitate CPM leader Sitaram Yechury’s visit to Kashmir to meet one of his colleagues there.

The Center, on August 5, repealed all but the first clause of Article-370, through a presidential order thereby stripping Jammu and Kashmir of its special status. Center has imposed strict restrictions there since the eve of August 5, the day Home Minister Amit Shah moved the Kashmir bill in the parliament.

Since then, political bigwigs like Farooq Abdullah, Umer Abdullah, Mehebooba Mufti, and many other political leaders are under house arrest.

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