Abrogation of Article 370: SC to hear pleas challenging validity from Nov 14


File photo - Supreme Court of India

File photo – Supreme Court of India

The Supreme Court on Tuesday fixed November 14 to commence hearing on a batch of petitions challenging constitutional validity of the Centre’s decision to abrogate provisions of Article 370 that gave special status to Jammu and Kashmir.

A five-judge Constitution bench headed by Justice N V Ramana allowed the Centre and the Jammu and Kashmir administration to file counter-affidavits on petitions challenging scrapping of Article 370.

The top court refused the plea of petitioners that not more than 2 weeks be given to the Centre and J&K administration for filing counter-affidavits.

The apex court also put embargo on filing of any fresh writ petition challenging constitutional validity on abrogation of Article 370.

The bench said that it has to give a reasonable time to the Centre and J&K administration to file their affidavits as it is necessary that pleadings are completed so that hearing could commence.

The top court said that after filing of counter affidavits by the Centre and J&K within four weeks, the petitioners would reply on it within a week thereafter.

The advocates for petitioners submitted that under the new legislation, the state of Jammu and Kashmir would become two separate union territories on October 31 and thus there was a need for an urgent hearing and also granting status quo.

Venugopal, who was appearing for the Centre, and Solicitor General Tushar Mehta, representing J&K, submitted that they needed four weeks to file counter affidavits to 10 writ petitions and averments are different in each of them.