New Delhi, ANI. Petitions filed against the removal of Article 370 from Jammu and Kashmir will be heard again in the Supreme Court today. Significantly, on 5 August last year, the central government decided to divide Jammu Kashmir into two parts and remove Article 370. A petition is filed against this decision, which is to be heard.
Earlier, the Supreme Court said on Wednesday that it would refer the issue of Article 370 to a larger 7-judge bench only when there were contradictions between the two earlier decisions of the Supreme Court. The court said that the petitioners show a direct contradiction between the two decisions – Prem Nath Kaul vs Jammu and Kashmir in 1959 and Sampat Prakash vs Jammu and Kashmir in 1970 only when the matter would be referred to a larger bench. Both decisions were delivered by a 5-judge bench.
Hearing the reference on Wednesday, a 5-judges constitution bench headed by Justice N.V. Ramana was told by the Jammu and Kashmir Bar Association that the Center’s decision to repeal Article 370 was invalid on August 5 last year.
A bench headed by Justice Sanjay Kishan Kaul, Justice R. Subhash Reddy, Justice BR Gavai and Justice Surya, headed by Justice NV Ramana, is hearing the case. During the hearing on Wednesday, the bench said that you have to show that there is direct opposition to the two decisions of the top court. Only then will we send it to the big bench. You have to show us that he had a direct contradiction.
Senior advocate Zafar Ahmad Shah, appearing for the lawyers’ body, said that the Constitution of India and Jammu and Kashmir are parallel to each other and Article 370 was continued. He said that the Sampat Prakash judgment of the apex court specifically stated that Article 370 would have to be continued in view of the continuity of circumstances.