The Supreme Court of India has announced that it will commence the final hearing of the case concerning the abrogation of Article 370 of the Constitution from August 2, 2023. The case will be heard on a day-to-day basis, excluding Mondays and Fridays. The Constitution bench, led by Chief Justice of India (CJI) DY Chandrachud and comprising Justices Sanjay Kishan Kaul, Sanjiv Khanna, BR Gavai, and Surya Kant, has also directed all parties to file all documents, compilations, and written submissions by July 27, 2023.
The order stated,
“The hearing of the petitions before the constitution bench shall commence on August 2, 10:30 am and then proceed on day to day basis barring miscellaneous days that is Mondays and Fridays.”
Advocates Prasanna and Kanu Agrawal have been appointed as the nodal counsel for the preparation of common convenience compilations.
The bench has ordered, “Since compilations already prepared earlier, should more additions be made, it has to be made by July 27, 2023. Nodal counsel shall ensure compilations are indexed and paginated. All counsel shall be given the copies.”
During the hearing, the Court noted the Centre’s statement that the latest affidavit filed by the government will not be relied upon to argue on the aspect of Constitutionality.
The order recorded,
“Solicitor General Tushar Mehta has submitted that though Centre has filed an additional affidavit setting out central govt view on post notification development..it would have no bearing on the constitutional question and it would not be relied upon.”
Two petitioners, Shah Faesal and Shehla Rashid, sought permission to withdraw their pleas, a request that was granted by the Court. This development comes nearly four years after the abrogation of Article 370 of the Constitution, which gave special status to the erstwhile State of Jammu & Kashmir.
Over 20 petitions are pending before the Supreme Court challenging the Central government’s decision to abrogate Article 370 of the Constitution, which resulted in the revocation of Jammu and Kashmir’s special status. The erstwhile State was subsequently bifurcated into two Union Territories.
The Supreme Court deprecated the practice of parties filing fresh documents and affidavits during the hearing. Justice Kaul stated,
“Business of additional affidavits, additional compilations.. we had heard it in detail.. There was diversion on whether it should go before a five or seven judge bench. Now I am at a loss to understand why there is a need to file additional documents etc.”
The CJI also weighed in, stating, “In same sex matter we kept getting fresh submissions, rejoinder submissions etc. Till last evening also we got 1,000 page compilations. It is unfair to others.. once compilation filed it has to be frozen.”
He further clarified that the fresh affidavit filed by the Centre does not have any bearing on the Constitutional question that the Court would be deciding upon. The CJI remarked;
“The affidavit of the centre has no bearing on the constitutional question,”