Kashmir Issues in Supreme Court to be heard by a designated 5-Judge Constitution Bench

Team SoOLEGAL 30 Sep 2019 2:05pm

Kashmir Issues in Supreme Court to be heard by a designated 5-Judge Constitution Bench

The abrogation of Article 370 by Central Government and state-wise curfew along with other restrictions imposed on the State of Kashmir had called for mixed reactions from both inside and outside the nation.

There have been a number of Public Interest Litigations (PILs) and other petitions filed before the Supreme Court of India and the High Court of State of Jammu & Kashmir challenging the stern actions taken by the Central Government after abrogating Article 370 of the Constitution.

Any sort of communication all over the state was restricted and many local political leaders detained in custody or were placed under house arrest.

Recently, the judicial strength of the Supreme Court was raised to its maximum i.e., 34 Judges including the Chief Justice. Consequently, the Chief Justice Ranjan Gogoi had announced that a permanent constitution-bench would be constituted to regularly hear matters pertaining to the issues related with the Constitution.

In a recent development, a three-Judge Bench comprising of Chief Justice Ranjan Gogoi, Justice S.A. Bobde and Justice S. Abdul Nazeer today on September 30, has directed all the petitions concerning the lockdown in the state, shutting-down of communication, unlawful detention of political leaders, curbs on media, habeas corpus petitions or challenging the repeal of special status to the stat; shall be heard by the Constitution Bench constituted especially for the said issue from October 01.

The Constitution Bench has been framed by the Chief Justice recently. The bench comprises of Justices Bhushan Gavai, Sanjay Kishan Kaul, NV Ramana, Surya Kant, and R Subhash Reddy, who will begin hearing the connected/batch matters from Tuesday. The bench would be headed by Justice N.V. Ramana as per seniority.

The pleas have been filed by Advocated M.L. Sharma, CPI-M leader Sitaram Yechury, Kashmir Doctor & Political Leader of National Conference Sameer Kaul, Executive Editor of The Kashmir Times Anuradha Bhasin, wife of Malaysia based NRI Asifa Mubeen, Congress Leader Ghulam Nabi Azad and Child Rights Activist Enakshi Ganguly amongst others.

Tagged: Kashmir   Article 370   Supreme Court   CJI   Constitution Bench  
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