The Supreme Court agreed to list the petitions challenging the Centre's decision to scrap provisions of Article 370 which had given special status to the State of Jammu & Kashmir, after Dussehra Vacation.
A bench comprising of the Chief Justice of India and Justice Indira Banarjee and S Ravindra Bhat took note of the submission of a counsel that the petitions were assured to be listed after summer vacations but they would not b listed and said "We will certainly list that".
Earlier this year on 25th April, a bench of the then CJI NV Ramanna had agreed to consider the listing of these petitions after summer vacations when these petitions were mentioned by interveners Radha Kumar and Kapil Kak.
The present Chief Justice of India would constitute a new five judges bench in this matter since 2 of the members (NV Ramana and R Subhash Reddy) of the 5 judges bench hearing this petition have now retired. Other than these two members of the bench, Justice SK Kaul, BR Gavai and Surya Kant were also part of the bench who had heard these petitions on earlier occasions.
Several petitions challenging the Centre's decision to abrogate provisions of Article 370 and the Jammu and Kashmir Reorganisation Act, 2019, which split Jammu and Kashmir into two Union Territories - Jammu and Kashmir, and Ladakh - were referred to a Constitution Bench headed by Justice Ramana in 2019 by the then CJI Ranjan Gogoi. By scrapping Article 370, the Central government revoked the special status of Jammu and Kashmir.
Jammu and Kashmir High Court Bar Association, People's Union of Civil Liberties an NGO, and intervenors had sought referring of the matter to a larger bench on grounds that two judgements of the top 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 conflicted each other and therefore, the current bench of five judges could not hear the issue. Although the bench had expressed that "there is no conflict between the judgements".
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