SC Verdict On Pleas Against Abrogation Of Article 370 Today, Sec 144 Clamped In J&K
In August 2019, the Narendra Modi government revoked Article 370, which bestowed a special status on the erstwhile state of Jammu and Kashmir.
New Delhi: The Supreme Court on Monday will pronounce its verdict on a batch of petitions challenging the abrogation of the provisions of Article 370. In August 2019, the Narendra Modi government decided to revoke the said article, which bestowed a special status on the erstwhile state of Jammu and Kashmir.
The apex court had on September 5 reserved its verdict in the matter after a 16-day hearing. The arguments had commenced on August 2.
Ahead of the verdict, the BJP emphasised the need to respect the Supreme Court ruling on Article 370, urging against politicising the matter. National Conference leader Omar Abdullah affirmed a commitment to maintaining peace in Jammu and Kashmir, even in the face of an adverse verdict, vowing to pursue their cause within legal boundaries. PDP president Mehbooba Mufti called for the court's verdict to unequivocally declare the BJP-led central government's decision as illegal. Former CM Ghulam Nabi Azad expressed hope for a verdict favoring the people.
ALSO READ | 'Hoping For Justice': J&K Leaders Ahead of Supreme Court Verdict On Article 370 Abrogation
Section 144 Clamped In J&K Ahead Of SC Verdict
Authorities assured robust security measures, with IGP V K Birdi underscoring the commitment to preserving peace in the Valley. While not divulging specifics, Birdi cited precautionary measures and actions against social media misuse, PTI reported. Guidelines under CrPC section 144 were issued to curb sensitive content or posts promoting terrorism and secessionism.
The guidelines were issued to provide clarity on actions that citizens should take when encountering content related to terrorism, secessionism, threats, intimidation, or communally-sensitive material on social media platforms, a circular, issued by police in several districts, read, as per PTI's report.
A five-judge Constitution bench headed by Chief Justice D Y Chandrachud will deliver the verdict today. Other bench members are Justices Sanjay Kishan Kaul, Sanjiv Khanna, B R Gavai, and Surya Kant, reported PTI.
Several petitions were filed challenging the abrogation of Article 370 and the Jammu and Kashmir Reorganisation Act, 2019 that divided the erstwhile state into two union territories - Jammu and Kashmir, and Ladakh. The pleas were later referred to a Constitution bench in 2019.
Supreme Court Hearing On Article 370 Abrogation
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 Article 370.
Meanwhile, Senior advocates, including Kapil Sibal, Gopal Subramanium, Rajeev Dhavan, Zaffar Shah, and Dushyant Dave, argued on behalf of the petitioners.
They heard issues like the constitutional validity of the Centre's decision to abrogate the provisions of Article 370, the validity of the Jammu and Kashmir Reorganisation Act, 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, as per a PTI report.
In its observations 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.
While the petitioners 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, 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, reported PTI.