The Modi government’s decision to revoke special status for Illegally Indian Occupied Jammu and Kashmir (IIOJK) was challenged in court on Tuesday, and the Indian Supreme Court decided to begin hearing petitions contesting the decision in August.
It has taken nearly five years for India’s highest court to consider the batch of 23 petitions challenging the August 2019 move to revoke Article 370 of the Indian constitution, which had provided special status to the disputed area.
According to The Wire, an Indian news outlet, the case was last heard of in March 2020 before being put on indefinite hold.
Taking up the batch of petitions on Tuesday, the five-judge constitutional bench presided over by Chief Justice of India D Y Chandrachud issued directions for fulfilling procedural formalities prior to the start of the actual hearing, which “shall commence on 2 August at 10.30 am and shall thereafter continue on a day to day except on miscellaneous days,” as reported by Indian Express.
That the Centre’s affidavit presented on Monday in this matter has “no bearing on the constitutional issues raised in petitions” was noted in the judgement written by the bench, which also included Justices Sanjib Khanna, S K Kaul, B R Gavai, and Surya Kant.
Read Will the highest court in India fairly adjudicate Kashmiri claims?
The order states, “The Union of India has filed an additional affidavit, setting out the Union government’s perspective with regard to the post-notification developments; however, the Solicitor General has informed that the contents of the affidavit have no bearing on constitutional issues raised in petitions and, therefore, are not to be relied upon for that purpose.”
Separately, the Indian news outlet ANI stated that the court has selected two lawyers as “nodal counsels for the preparation of common convenience compilations of documents.”
It quoted India’s highest court as saying, “Written submissions shall also be filed on or before July 27 and no further additions to the convenience compilation shall be permissible.”
Ex-chief minister of occupied Kashmir Omar Abdullah commented on the proceedings, saying, “I hope the hearing ends soon and the Supreme Court’s decision comes soon.”
Meanwhile, People’s Democratic Party (PDP) head and former IIOJK chief minister Mehbooba Mufti took to Twitter to voice her concerns about the apex court’s decision to take up the petitions after “remaining silent for four years.”
After their trip to Kashmir, many people have reasonable concerns regarding the Supreme Court’s haste in addressing Article 370. The choice to hear the case every day raises concerns, she added, especially after four years of silence.
