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

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

A 5-judge Constitution bench, headed by Justice N V Ramana, allowed four weeks to the Centre and the Jammu and Kashmir administration to file counter-affidavits on the petitions.

It refused the petitioners' request that not more than 2 weeks be given for filing of counter-affidavits.

The apex court also put an embargo on filing of any fresh writ petition challenging the 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," said the bench, also comprising justices S K Kaul, R Subhash Reddy, B R Gavai and Surya Kant.

The top court said that after filing of the counter affidavits, the petitioners would file replies on them 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 AG and SG, the bench said, "In this type of matter, how can we proceed without counter affidavits being filed?"
When the petitioners' counsels 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."