Early Hearing of Pleas Challenging Revocation to Article 370 of Constitution of India – Application in SC

Batch of Pleas in SC challenging Abrogation of 370

Last year, the application has been filed by Applicant Shakir Shabir challenging the revocation of Article 370 before the Supreme Court. Earlier in March, 2020, a 5-judge constitution bench of the Supreme Court has held that there was no need to refer the batch of the petitions challenging Article 370 to a 7-Judge bench.

Now, an application for early hearing of the petitions challenging the promulgation of the Constitution (Application to Jammu & Kashmir) Order, 2019 amending Article 367 of the Constitution of India and abrogating Article 370 has been filed in the Supreme Court. The application states that several legislations have been passed since August 5, 2019 and key changes are being effected by the government in J&K which risks lending permanently to initial impugned order passed on 5th August, 2020.

In Application, it is submitted that the purported intent behind revoking Article 370 was “for the betterment of the populace of the erstwhile State of Jammu & Kashmir.”But however,“the truth remains that it is the very people who are presently suffering in the midst.”

The Application submits that, in the plea it has been stated that “Not only due to repeated internet shutdowns and reduced internet speeds have the students and businesses being suffering in Jammu and Kashmir, the impugned order and the slew of restrictions continually damage the economy as well as everyday life of the locals, who have been completely kept away from the entire process despite the fact that each change under the laws detrimentally effects the locals at an individualistic level.”

Therefore, the applicant Shakir Shabir has sought for urgent hearing of the challenge to abrogation of Article 370 noticing that the courts are currently functioning in full capacity via virtual mode.