No need to refer petitions on abrogation of Article 370 to larger bench: SC

The five-Judge Bench had on January 23 reserved its order on this issue

The Supreme Court refused to refer to a larger bench a batch of pleas, challenging the constitutional validity of Centre’s decision of abrogating provisions of Article 370. The apex court said that it did not find any reason to refer the matter to a larger bench.

The five-Judge Bench headed by Justice NV Ramana and comprising Justices Sanjay Kishan Kaul, R Subhash Reddy, BR Gavai, and Surya Kant had on January 23 reserved its order on this issue. Opposing the plea, the Centre had said that abrogation of provisions of Article 370, which granted special status to erstwhile state of Jammu and Kashmir, has become a “fait accompli” leaving sole option to accept the change.

NGO People’s Union of Civil Liberties (PUCL), Jammu and Kashmir High Court Bar Association and an intervenor had sought referral to a larger bench. The NGO sought the referral on the ground that two judgements of apex court — Prem Nath Kaul versus Jammu and Kashmir in 1959 and Sampat Prakash versus Jammu and Kashmir in 1970 — which dealt with the issue of Article 370 are in direct conflict each other and therefore the current bench of five judges could not hear the issue.