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Will take up pleas difficult Article 370 abrogation after Dussehra break: SC

The Supreme Courtroom on Friday stated it can take up petitions difficult the modifications made to Article 370 of the Structure that granted particular standing to Jammu and Kashmir in addition to these on the previous state’s reconstitution into the Union territories of Jammu & Kashmir and Ladakh for listening to after the Dussehra break.

The matter was talked about earlier than a three-judge bench presided by Chief Justice of India U U Lalit. “We will definitely record it,” the CJI informed the counsel who submitted that it is a vital constitutional matter and has been pending for a very long time. The bench stated it will likely be taken up when the court docket reopens after the Dussehra recess. The apex court docket might be on Dussehra break from October 3 to October 10.

Petitions difficult the August 2019 resolution of the Union authorities final got here up within the Supreme Courtroom on March 2, 2020, when a five-judge bench presided by Justice N V Ramana rejected the prayer to refer the petitions to a bigger bench. The court docket, nevertheless, made it clear that its order “is confined to the restricted preliminary situation of whether or not the matter ought to be referred to a bigger bench” and “haven’t thought-about any situation on the deserves of the dispute”.

The opposite members on the bench had been Justices Sanjay Kishan Kaul, R Subhash Reddy, B R Gavai and Surya Kant. Justice Reddy retired in January this 12 months, whereas Justice Ramana retired as Chief Justice of India final month.

Consequently, the bench will now need to be reconstituted. There are as many as 23 petitions pending earlier than the court docket. They problem the Presidential Orders of August 5 and 6, 2019, in addition to ‘The Jammu and Kashmir Reorganisation Act-2019.

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