The Supreme Court on Monday is set to pronounce its verdict on pleas challenging the constitutional validity of the Centre’s August 5, 2019, decision to abrogate the provisions of Article 370 of the Constitution, which bestowed a special status on the erstwhile state of Jammu and Kashmir.
According to the cause list for December 11 (Monday), uploaded on the apex court’s website, a five-judge Constitution bench headed by Chief Justice DY Chandrachud would deliver the verdict.
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The apex court reserved its verdict on the matter on September 5 after a 16-day hearing. The other members of the bench include Justices Sanjay Kishan Kaul, Sanjiv Khanna, B R Gavai and Surya Kant.
What Is The Case About?
The top court was hearing arguments on a batch of petitions challenging the Centre’s decision to revoke Article 370 of the Constitution which bestowed special status on the erstwhile state of Jammu and Kashmir.
During the hearing, the top court heard Attorney General R Venkataramani, Solicitor General Tushar Mehta, senior advocates Harish Salve, Rakesh Dwivedi, V Giri and others on behalf of the Centre and the intervenors defending the abrogation of the provisions of Article 370.
Senior advocates, including Kapil Sibal, Gopal Subramanium, Rajeev Dhavan, Zaffar Shah and Dushyant Dave, had argued on behalf of the petitioners.
What Did The Supreme Court Say?
The petitions challenging the abrogation of the provisions of Article 370 and the validity of the Jammu and Kashmir Reorganisation Act, 2019 that divided the erstwhile state into the Union territories of Jammu and Kashmir and Ladakh were referred to the Constitution bench in 2019.
The arguments in the matter had commenced on August 2.
During the hearing, the apex court had asked who can recommend the revocation of Article 370 in Jammu and Kashmir when no constituent Assembly, the concurrence of which is required before taking such a step, exists there.
The top court had also asked how a provision (Article 370), which was specifically mentioned as temporary in the Constitution, became permanent after the tenure of the Jammu and Kashmir constituent Assembly came to an end in 1957.
What Were The Arguments?
The lawyers had dwelt on various issues, including the constitutional validity of the Centre’s decision to abrogate the provisions of Article 370, the validity of the Jammu and Kashmir Reorganisation Act, which split the erstwhile state into two Union territories, challenges to the imposition of the governor’s rule in Jammu and Kashmir on June 20, 2018 and the imposition of the president’s rule on December 19, 2018 and its extension on July 3, 2019.
Some of the petitioners opposing the repeal of Article 370 had argued that the provision could not have been abrogated as the term of the Jammu and Kashmir constituent Assembly ended in 1957 after it drafted the erstwhile state’s Constitution.
With the constituent Assembly having become extinct, Article 370 acquired a permanent status, they had said.
The Centre had argued that there was no “constitutional fraud” in annulling the provision that accorded the special status to the erstwhile state of Jammu and Kashmir.
Security Upped In J&K
Ahead of the Supreme Court’s verdict on Article 370, Jammu and Kashmir Additional Director General of Police (Law and Order) Vijay Kumar has directed the district authorities to keep an eye on the emerging situation in Kashmir Valley.
The senior cop has called for taking “preventive and punitive” actions against anyone who indulges in “mischief, misinformation and misuse of social media”.
The district authorities were also stressed to keep an eye on the situation and take preventive and punitive actions under the law against those who indulge in mischief, misinformation and misuse of social media.
J&K Awaits Verdict
Parties on both sides of the spectrum have urged people to maintain law and order as they keenly await the SC verdict on Monday. While several parties associated with the Gupkar alliance indicated a suspicion towards an adverse verdict on petitions challenging the abrogation, others hoped that the provision would be restored.
People’s Democratic Party (PDP) chief Mehbooba Mufti has said the actions of the Jammu and Kashmir administration hint towards the Supreme Court passing a verdict on petitions related to Article 370 of the Constitution, which might be “against the interest of the country”.
“Since Friday night, we are witnessing that lists containing the names of the workers of different parties, especially the PDP, are being taken through police stations and it seems that such a decision is to come which is not in favour of this country and Jammu and Kashmir, but only to further the BJP’s agenda and hence, some precautionary measures are being taken, which is unfortunate,” Mufti told reporters in Anantnag.
National Conference (NC) leader Omar Abdullah on the other hand said that his party will not disturb the peace in Jammu and Kashmir even in case of an adverse verdict. The former Jammu and Kashmir chief minister said his party will continue with its fight for the restoration of the rights of the people of the region through peaceful means as laid down in the Constitution.
Expressing hope that the Supreme Court judgment on Article 370 will meet the expectations of the people of Jammu and Kashmir, the Ghulam Nabi Azad-led Democratic Progressive Azad Party (DPAP) has flayed the BJP-led government for delaying assembly polls and restoring statehood to the Union Territory.
The BJP, meanwhile, said that there should not be any politics on the Supreme Court ruling and everyone should respect it.
(With PTI Inputs)
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