Abrogation of Article 370: SC to hear pleas challenging constitutional validity from Nov 14

The Supreme Court on Tuesday fixed November 14 to commence hearing on a batch of petitions challenging constitutional validity of the Centre's decision to abrogate provisions of Article 370 that gave special status to Jammu and Kashmir.

A five-judge Constitution bench headed by Justice N V Ramana allowed the Centre and the Jammu and Kashmir administration to file counter-affidavits on petitions challenging scrapping of Article 370.

The top court refused the plea of petitioners that not more than 2 weeks be given to the Centre and J&K administration for filing counter-affidavits.

The apex court also put embargo on filing of any fresh writ petition challenging constitutional validity on abrogation of Article 370.

The bench said that it has to give a "reasonable time" to the Centre and J&K administration to file their affidavits as it is necessary that pleadings are completed so that hearing could commence.

"We have to allow the Centre and the J&K administration to file counter-affidavit otherwise we can't decide the matter," the bench also comprising justices S K Kaul, R Subhash Reddy, B R Gavai and Surya Kant said.

The top court said that after filing of counter affidavits by the Centre and J&K within four weeks, the petitioners would reply on it within a week thereafter.

"We can't have an unending process of filing of writ petitions in the matter. Whatever has been filed, has already been filed. It (filing of fresh petitions) must stop," the bench said, adding, "We have to give them (Centre and J&K) reasonable time to file their counters."
When senior advocate Raju Ramachandran, appearing for one of the petitioners, raised objection to the submissions of Attorney General and Solicitor General, the bench said, "In this type of matter, how can we proceed without counter affidavits being filed?."
When the petitioners' counsel were insisting that enough time was with the Centre and J&K to file counter affidavits, the bench said, "In these matters, we cannot go ahead without the filing of counter affidavits."