
SC on Article 370 abrogation: Apex court says 'five-judge bench competent to hear case', turns down pleas to move matter to larger bench
FirstpostA number of petitions have been filed in the apex court against the abrogation of Article 370 including those of private individuals, lawyers, activists and political parties and they have also challenged the Jammu and Kashmir Reorganisation Act, 2019. @utkarsh_aanand with details pic.twitter.com/5O4D4iKqDT — News18 March 2, 2020 NGO People’s Union of Civil Liberties, Jammu and Kashmir High Court Bar Association and an intervenor had sought referring the matter to a larger bench. The petitioners had sought reference to a larger bench on the ground that two judgments of apex court – Prem Nath Kaul versus Jammu and Kashmir in 1959 and Sampat Prakash versus Jammu and Kashmir in 1970 – which dealt with the issue of Article 370 are in direct conflict and therefore the current bench of five judges could not hear the issue. Attorney General KK Venugopal, appearing for the Centre, had told the bench – also comprising Justices Sanjay Kishan Kaul, R Subhash Reddy, BR Gavai and Surya Kant – that “the abrogation of provisions of Article 370, has now become a “fait accompli” leaving sole option to accept the change”. While referring to the verdict in Sampat Prakash versus Jammu and Kashmir, Venugopal had said though it dealt with some aspects of Article 370, it was not in direct conflict with the verdict in the Kaul case and therefore the present issue should not be referred to a larger bench.
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