SC refuses to refer pleas to larger bench
NEWDELHI:The Supreme Court on Monday refused to refer the petitions challenging the abrogation of Article 370 to a larger bench. NGO People’s Union of Civil Liberties (PUCL), Jammu and Kashmir High Court Bar Association and an intervenor challenged the constitutional validity of the Centre’s decision of August 5 last year and sought that the matter be referred to a larger bench, of either seven or nine judges.
The top court accepted the Centre’s arguments in the limited aspect of reference and held that there is no conflict in the earlier Supreme Court judgments of Sampat Prakash and Prem Nath Kaul.
A five-judge constitution bench headed by Justice N V Ramana, on January 23, reserved its order on this issue.
Opposing the plea, the Centre said that abrogation of provisions of Article 370, which granted special status to the erstwhile state of Jammu and Kashmir, was “fait accompli” which meant there was no going back on it.
On August 5 and 6 last year, Parliament passed laws and resolutions bifurcating the erstwhile state of Jammu and Kashmir into two Union Territories, Jammu and Kashmir, and Ladakh; and scrapping constitutional provisions that gave the state special status.
NEWDELHI:The Supreme Court on Monday agreed to hear on Thursday a petition Sara Abdullah Pilot challenging detention of her brother and former Jammu & Kashmir (J&K) chief minister Omar Abdullah under the J&K Public Safety Act (PSA), saying that this raised the issue of personal liberty.
A bench headed by justice Arun Mishra did not respond favourably to the submission of the Central government’s top law officer, attorney general KK Venugopal, that the petitioner should have approached the Jammu & Kashmir high court before approaching the Supreme Court.
“Matter pertains to liberty,” justice Arun Mishra remarked and posted the case for final arguments on March 5.
Article 32 of the Constitution enables people to move the Supreme Court directly in the event of violation of fundamental rights, including the right to liberty.
Omar Abdullah, 49, was booked on February 5 under PSA. He was earlier detained in August 2019, after the Central government nullified Article 370 of the Constitution and bifurcated the erstwhile state of Jammu & Kashmir into two Union Territories, but under Section 107 of the Code of Criminal Procedure, which empowers an executive magistrate to order a person to execute bonds “for keeping peace”.