'First Big Victory': J&K's Awami National Conference As SC Decides To Hear Article 370 Pleas From August 2

The Supreme Court on Tuesday said that it will start hearing a batch of petitions challenging the abrogation of Article 370 on August 2.

As the Supreme Court on Tuesday said that it will start hearing on August 2 a batch of petitions challenging the abrogation of Article 370 and bifurcation of the erstwhile state of Jammu and Kashmir into two Union territories, petitioner and Awami National Conference leader Muzaffar Shah said that this is the first big victory on what they have been fighting for over the last four years. "This is the first big victory on what we have fighting for over the last four years," says petitioner and Awami National Conference leader Muzaffar Shah said, as quoted by the news agency PTI.

Jammu & Kashmir National Conference leader Omar Abdullah said that the decision given by the apex court shows that the "case is strong". "It shows our case is strong," Abdullah said, as quoted by PTI.

"It took four years for the case to get to the Supreme Court. It shows how strong our case is. Had it been weak, believe me, they (Centre) would have started the hearing within weeks. It took so long because the Constitution was blown to pieces on August 5, 2019," the former Jammu and Kashmir chief minister told reporters after paying homage to his grandmother Begum Akbar Jahan, the wife of NC founder Sheikh Mohammad Abdullah, as quoted by PTI.

Abdullah said the abrogation of Article 370 may be linked to tourism and G20 events, but the revocation of Jammu and Kashmir's special status was wrong. "You may package it as you may wish. Link it to tourism or G20 as much as you like, but legally and constitutionally, whatever happened with Jammu and Kashmir was wrong," he added.

The former Union minister also claimed that the government's case is weak. "The government did not even try to get it listed. There are ways.... If the government was interested, it could have requested the Supreme Court for an early hearing. Had its case been strong, it would have requested the chief justice for a hearing. It did not.

"Thankfully, the chief justice and other Supreme Court judges came here, probably saw the situation and after going back, it was listed. Better late than never," Abdullah said.

Speaking about the hearing of Article 370 in the apex court, Advocate and Congress MP Manish Tewari said that the union has fairly conceded that the additional affidavit they have filed will not be considered. "We have filed an intervention application in the J&K matter. The Supreme Court will start hearing the matter on August 2. The union has fairly conceded that the additional affidavit they have filed will not be considered.. now let the law take its own course," Manish Tewari said, as quoted by ANI. 

People's Democratic Party (PDP) chief Mehbooba Mufti said the top court's decision not to rely on the Centre's affidavit on the abrogation of Article 370 vindicates her stand that the BJP-led Union government's move did not have a logical explanation. However, Mufti said there are genuine apprehensions regarding why the apex court has taken up the petitions with such alacrity after remaining silent for four years.

"Hon'ble SC's decision to not rely on GOI's affidavit vindicates that it doesn't have a logical explanation to justify illegal abrogation of Article 370.

"Having said that there are legitimate apprehensions about why SC has taken up the Article 370 with such alacrity after their visit to Kashmir. After remaining silent for four years the decision to hear the case on a daily basis does evoke misgivings. Hope the Constitution of this country by which judiciary swears is not sacrificed at the altar of power to satisfy collective conscience of people who know little about the matter," the former Jammu and Kashmir chief minister wrote on Twitter.

A five-judge Constitution bench of Chief Justice of India DY Chandrachud and Justices Sanjay Kishan Kaul, Sanjiv Khanna, BR Gavai, and Surya Kant said it will proceed to hear the case on a day-to-day basis except on miscellaneous days -- Mondays and Fridays. It asked all parties to file all documents, compilations and written submissions by July 27.

The bench in its order stated, "The hearing of the petitions before the constitution bench shall commence on August 2, 10.30 am and then proceed on day to day basis barring miscellaneous days that is Mondays and Fridays," as quoted by the news agency ANI. It appointed advocates Prasanna and Kanu Agrawal as the nodal counsel for the preparation of common convenience compilations, which has to be filed by July 27.

"Since compilations were already prepared earlier, should more additions be made, it has to be made by July 27, 2023. Nodal counsel shall ensure compilations are indexed and paginated. All counsel shall be given the copies," the order stated, as quoted by ANI. The apex court also allowed two petitioners, IAS Shah Faesal and rights activist Shehla Rashid to get their names deleted from the court's records as petitioners.

It said now the title of the case will be "In Re: Article 370 of the Constitution". The earlier lead petitioner was Shah Faesal.
The bench also noted the Centre's statement that the latest affidavit filed by the government shall not be relied upon to argue on the aspect of Constitutionality.

"Solicitor General Tushar Mehta has submitted that though Centre has filed an additional affidavit setting out the Central government's view on post notification development. It would have no bearing on the constitutional question and it would not be relied upon," the top court stated in its order.

On Monday, the Centre defended its decision to abrogate Article 370 from Jammu and Kashmir stating that after the changes, street violence, which was engineered and orchestrated by terrorists and secessionist networks has now become a thing of the past, ANI reported.