SC To Hear Petitions Challenging Scrapping Of Article 370 Tomorrow

A special bench, comprising Chief Justice Ranjan Gogoi and Justices S A Bobde and S A Nazeer, will hear the petitions filed by advocate M L Sharma and Executive Editor, Kashmir Times, Anuradha Bhasin.

Supreme Court

New Delhi: The Supreme Court is scheduled to hear the petitions challenging the Centre’s decision to abrogate Article 370 in Jammu and Kashmir which revoked the special status of the state, and the subsequent measures which restricted the functioning of media in the region, on legal grounds. A special bench, comprising Chief Justice Ranjan Gogoi and Justices S A Bobde and S A Nazeer, will hear the petitions filed by advocate M L Sharma and Executive Editor, Kashmir Times, Anuradha Bhasin. While the advocate has challenged the scrapping of provisions of Article 370 which has resulted in the creation of two Union Territories - Jammu and Kashmir and Ladakh, the journalist has sought directions for restoring of all modes of communication, including mobile Internet and landline services, throughout the state to provide an enabling environment for the media to practice its profession. Sharma had filed the petition on August 6, a day after the Centre had abrogated the Jammu and Kashmir's special status. The advocate in his plea has claimed that the Presidential order on Article 370 was illegal since it was passed without the consent of the Jammu and Kashmir Assembly. In a separate petition filed on August 10, Bhasin said she is seeking a direction for the Centre and the Jammu and Kashmir administration to immediately relax all restrictions on freedom of movement of journalists and media personnel in Kashmir and some districts of Jammu. The direction was sought to enable media personnel to practise their profession and exercise their right to report in furtherance of their rights under Articles 14, 19 (1) (a) and 19 (1) (g) and 21 of the Constitution as well as the right to know of the residents of the Kashmir Valley, the petition said. In the petition, the editor said that since August 4, all connectivity was shutdown leaving Kashmir and some districts in Jammu completely isolated and cut-off from all possible modes of communication and information. The Supreme Court on Tuesday refused to pass any interim or immediate order on lifting of restrictions in Jammu and Kashmir, including restoring communication services, and said the Centre was free to take a call on the curbs given the sensitivity of the situation. An apex court Bench, headed by Justice Arun Mishra, made the observation when the Centre submitted that it was doing everything necessary to maintain law and order in J&K. The apex court said the Centre required time to restore normalcy as nothing could be done overnight and deferred for two weeks the hearing on a petition filed by Congress leader Tehseen Poonawalla, challenging the Centre's decision to impose restrictions and "other regressive measures" in J&K. The National Conference, the main political party of Jammu and Kashmir, has also filed a petition posing legal challenges in the apex court to the changes made in the constitutional status of J&K, contending that these have taken away rights of its citizens without their mandate. Arguing that the legislation approved by Parliament and the orders issued by the President subsequently were "unconstitutional", the petition prayed for these to be declared as "void and inoperative". The petition has been filed by Mohammad AKbar Lone and Justice (rtd) Hasnain Masoodi, both Lok Sabha members belonging to the NC. (inputs from PTI)