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Article 370 abrogation case: SC likely to pronounce verdict this month

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By ETV Bharat English Team

Published : Dec 4, 2023, 4:51 PM IST

Sources told ETV Bharat that the verdict on a batch of pleas challenging abrogation of Article 370 by the Centre will be announced by the end of the second week of December. A senior lawyer representing a petition against the abrogation of Article 370 said that Justice Sanjay Kaul, who is part of the bench hearing the case is retiring on the 25th of this month, while the winter vacation in the Supreme Court is on December 15, which has necessitated the hearing before that.

SC hearing on Article 370
SC hearing on Article 370

Srinagar (Jammu and Kashmir): A five-judge constitution bench of the Supreme Court is likely to pronounce its verdict on a batch of pleas challenging the abrogation of Article 370, by the end of the second week of December, sources said. The SC bench comprising Chief Justice DY Chandrachud, Justice Sanjay Kaul, Justice Sanjeev Khanna, Justice BR Gawai and Justice Surya Kant, began daily hearings on the matter on August 2 this year, 1492 days after the central government abrogated special status of Jammu and Kashmir under Article 370 on August 5, 2019.

During the 16-day marathon hearing on the case, the lawyers of both sides presented their arguments before the court, after which the bench reserved its decision on the 5th of September. In the petitions filed before the court against the abrogation of Article 370, the lawyers representing the petitioners presented arguments against the abrogation of the special status of Jammu and Kashmir and bifurcation of the erstwhile state, highlighting the historical status of the region and the accession to India of the erstwhile Jammu and Kashmir state.

The respondent lawyers also defended the August 5 decision while emphasizing on the situation of the valley and other issues. A senior lawyer representing a petition against the abrogation of Article 370 in the Supreme Court told ETV Bharat that Justice Kaul is retiring on the 25th of this month, while the winter vacation in the Supreme Court is on December 15.

“We are sure that the apex court will pronounce its decision on this matter before that," he said. He further said that the hearing on the matter started four years and one month after the Centre's "unconstitutional" decision after which the hearing went on for 16 days. “Now it has been 90 days since the decision has been reserved.

There is a delay but hope for justice remains. I am going to Delhi today, hopefully, I will get more clarification from there regarding the pronouncement verdict," he said. Pertinently, during the hearing, the petitioners' lawyers presented their arguments for the first nine days, after which the respondents defended the Centre's decision for the last seven days.

Also read:

  1. Jammu and Kashmir Constitution not at par or superior to Indian Constitution: SC during Article 370 hearing
  2. Not heard from Centre that petitions should be dismissed on grounds of separatist agenda: SC during Article 370 hearing
  3. Article 370 hearing: Centre gives no timeframe for J&K statehood restoration, says ready for elections anytime
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