This Article is From Aug 28, 2019

Highlights: Supreme Court Refers Pleas On Article 370 To 5-Judge Constitution Bench

The top court will also examine constitutional validity of scrapping special status for Jammu and Kashmir under Article 370 and has issued notice to centre.

Highlights: Supreme Court Refers Pleas On Article 370 To 5-Judge Constitution Bench

On August 5 some provisions of Article 370 were removed to take away special status of J&K (File image)

NEW DELHI:

The Supreme Court this morning heard a batch of petitions challenging the Centre's decision to revoke some provisions of Article 370 to take away Jammu and Kashmir's special status. A law student, who wanted to visit his friend and Left leader Sitaram Yechury should be allowed to visit Jammu and Kashmir, the top court ruled. The top court will also examine constitutional validity of scrapping special status for Jammu and Kashmir under Article 370 and has issued notice to centre. All matters related to Article 370 are being heard by a bench headed by Chief Justice Ranjan Gogoi. 

Here are the live updates from the top court:

Aug 28, 2019 13:33 (IST)
GoM set up on Kashmir, to be chaired by Ravi Shankar Prasad
  • Group of Ministers (GoM) set up on Kashmir and it would be chaired by Ravi Shankar Prasad.
  • The government has constituted a Group of Ministers (GoM) to look into the issues concerning Jammu and Kashmir, which has been bifurcated into Union Territories after abrogation of provisions under Article 370.
  • Government sources said Law Minister Ravi Shankar Prasad, Social Justice and Empowerment Minister Thawar Chand Gehlot, Agriculture Minister Narendra Singh Tomar and Minister for the PMO Jitendra Singh are part of the group.
  • The GoM will suggest various development, economic and social steps to be taken for the two UTs which will come into existence on October 31, sources said.
Aug 28, 2019 12:05 (IST)
Top Court refuses Centre's request to appoint an interlocutor
  • A five-judge Constitution Bench will hear in the first week of October all the petitions challenging the abrogation of Article 370, which gave special status to Jammu and Kashmir.
  • The top court also refused a request from the Centre to appoint an interlocutor for Jammu and Kashmir.
Aug 28, 2019 11:38 (IST)
Top court seeks response on restrictions imposed on journalists
  • The Supreme Court has sought responses from the Centre and Jammu and Kashmir administration on a plea seeking removal of restrictions imposed on journalists.
  • A bench headed by Chief Justice Ranjan Gogoi issued notice on the plea filed by Anuradha Bhasin, Executive Editor of Kashmir Times.
  • The bench, also comprising Justices S A Bobde and S A Nazeer, asked the Centre and Jammu and Kashmir administration to file their responses on Ms Bhasin's plea within seven days.
  • In the plea, Ms Bhasin has sought directions for restoration of all modes of communication, including mobile Internet and landline services, throughout the state in order to provide an enabling environment for media to practise its profession.
Aug 28, 2019 11:26 (IST)
Don't use J&K visit for political purpose: Top court to Sitaram Yechury
  • The Supreme Court this morning allowed CPIM general secretary Sitaram Yechury to visit Jammu and Kashmir to meet his party colleague and former MLA Mohammed Yusuf Tarigami in the state.
  • A bench headed by Chief Justice Ranjan Gogoi, however, directed Mr Yechury to only meet Mr Tarigami and not use the visit for any political purpose.
  • The bench said if Mr Yechury indulges in any political activities, authorities are free to report them to the apex court. 
  • Mr Tarigami is a member of the central committee of the CPIM and has served as a four-time MLA of Jammu and Kashmir Assembly.
  • Mr Yechury was also part of the delegation of Opposition leaders who had gone to Srinagar on Saturday to see the ground situation in the region. 
  • They were not allowed to step out of Srinagar airport and were sent back an hour after landing in Srinagar.
Aug 28, 2019 11:22 (IST)
  • The apex court issued notices to the Centre and Jammu and Kashmir administration on a batch of pleas challenging the Centre's decision to revoke some provisions of Article 370 to take away Jammu and Kashmir's special status.
  • A bench headed by Chief Justice Ranjan Gogoi was not in agreement with the Centre that there was no need for issuance of notice in the matter.
  • "We will refer the matter to a five-judge Constitution bench", the bench also comprising justices S A Bobde and S A Nazeer said while not accepting the arguments that the issuance of notice will have a "cross-border repercussion". 
  • The Attorney General said whatever is being said by this court is sent before the United Nations.

Aug 28, 2019 11:16 (IST)
Top Court issues notice to Centre on Anuradha Bhasin's plea
  • Supreme Court issues notice to Centre on Anuradha Bhasin's plea on lifting curbs on media
  • It has directed Centre to reply in 7 days
Aug 28, 2019 11:05 (IST)
Top Court to examine constitutional validity of scrapping special status for J&K under Article 370
  • Supreme Court to examine constitutional validity of scrapping special status for Jammu and Kashmir under Article 370, issues notice to centre
  • It has referred the matter to 5-judge Constitution bench.
Aug 28, 2019 11:00 (IST)
Law student be allowed to visit J&K: Supreme Court
  • A law student who wants to visit his friend and should be allowed to visit Jammu and Kashmir, the Supreme Court ruled today.
  • "The petitioner student Mohammad Aleem Sayeed shall be allowed to travel to Jammu and Kashmir and visit Anantnag and visit parents and file an affidavit after his return," the court said today, ordering the state to facilitate his travel and give him adequate protection.
Aug 28, 2019 10:50 (IST)
Supreme Court allows Sitaram Yechury to meet party member in J&K
  • Supreme Court allows CPIM leader Sitaram Yechury to meet his party member in Jammu and Kashmir
  • Earlier Centre's representative argued that the situation is normal and Mr Yechury's visit would endanger the situation
Aug 28, 2019 10:48 (IST)
  • Raju Ramachandran is arguing Sitaram Yechury's plea, says he was stopped from going to Jammu and Kashmir
  • On Sitaram Yechury's petition to meet with his CPM colleague, Chief Justice Ranjan Gogoi said: "We will allow you to visit. You are going only to meet your friend? A citizen of this country wants to meet his friend. What's the difficulty?"
  • Petitioner stated that his party member was not in good health and has to meet him. 
  • Centre represented by SG Tushar says Left leader Mohd Tarigami is hale and hearty and his condition is checked daily.
Aug 28, 2019 10:46 (IST)
Chief Justice begins hearing plea of Sitaram Yechury
Aug 28, 2019 09:39 (IST)
"Violence in Kashmir instigated, supported by Pakistan": Rahul Gandhi
  • Rahul Gandhi, in tweets today, asserted that while he disagreed with the government on many issues, he wanted to make it "absolutely clear" that Kashmir is India's internal issue and violence in Jammu and Kashmir is instigated by Pakistan.
  • The tweet marks a significant message after the Congress leader's criticism of the government's handling of Jammu and Kashmir after he was stopped from visiting Srinagar and turned away from the airport on Saturday.

Aug 28, 2019 08:01 (IST)
J&K is under strict restrictions since August 5
  • Jammu and Kashmir has been under strict restrictions since the government announced its decision on Article 370 on August 5. 
  • To avoid any backlash, phone and internet connectivity were snapped, more than 50,000 additional troops were stationed and prohibitory orders banning large gatherings were issued. Sources also said as many as 40 mainstream political leaders - including former Chief Ministers Omar Abdullah and Mehbooba Mufti - have been detained. 
  • The measures can be lifted by the local administration depending on the situation on the ground, the government has said.
Aug 28, 2019 07:59 (IST)
  • The petitions challenging the government's decision argue that the Presidential order by which the special status of the state, guaranteed by the constitution, was scrapped, were obtained illegally.
  • Under the Article 370, such orders can be issued only when the decision has the assent of Jammu and Kashmir's constituent assembly, the petitions say. 
  • The constituent assembly was the body of representatives elected in 1951 to draw up the state's constitution. In its absence the decision rests on the state assembly.
  • The government has contended that the state being under President's rule, the powers of the state assembly has been automatically transferred to parliament and so, President Ram Nath Kovind's orders in this case, stand.
Aug 28, 2019 07:58 (IST)
Bench headed by Chief Justice Ranjan Gogoi to hear all pleas
  • A three-judge bench headed by the Chief Justice of India Justice Ranjan Gogoi will take up the petitions. 
  • The other judges in the bench are Justices SA Bobde and S Abdul Nazeer.
Aug 28, 2019 07:57 (IST)
Petition Against Scrapping Special Status Of Jammu And Kashmir In Supreme Court Today
A batch of petitions challenging the government's move to scrap special status of Jammu and Kashmir will come up for hearing in the Supreme Court today. While the National Conference and others had moved the top court, terming the government action - including bifurcation of Jammu and Kashmir as illegal and unconstitutional, the Executive Editor of Kashmir Times has asked that the curbs on media be lifted.
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