Arguments Against Abrogation Of Article 370 In Supreme Court Moving In Right Direction: Senior Advocate

The Supreme Court will continue to hear petitions challenging the abrogation of Article 370 that granted special status to the erstwhile state of Jammu and Kashmir tomorrow.

"Kapil Sibal, who is representing  the National Conference, started the argument today. Tomorrow, it (hearing) will continue. Arguments are moving in the right direction," said lawyer Muzaffar Iqbal Khan on Supreme Court hearing on abrogation of Article 370.

Earlier, the Apex Court began hearing petitions challenging the abrogation of Article 370.

A five-judge Constitution Bench comprising Chief Justice of India (CJI) DY Chandrachud and Justices Sanjay Kishan Kaul, Sanjiv Khanna, BR Gavai and Surya Kant heared the pleas.

The SC will hear the Article 370 abrogation pleas on a day-to-day basis except Mondays and Fridays. The petitions challenge a presidential order from August 5, 2019, which abrogated Article 370.

During the hearing, senior advocate Kapil Sibal said the integration of Jammu and Kashmir into India is, was and always has been "unquestionable", and stated that there "was no reason" to strip the special status to the erstwhile state. 

"The reason why I say that the Constitution of India was applicable to J&K is that over time, there were several orders issued which were incorporated into the Constitution - the result was that most powers were in tandem with the constitution of India," he said.

"Despite that, the whole structure was changed. There was no reason to take Article 370 away," he added. He was reading out the history as to how Article 370 was introduced.

The bench had on July 11 fixed July 27 as the deadline for filing written submissions and convenience compilations by different parties. The top court also noted that the Centre's affidavit with regard to the conditions prevailing in Jammu and Kashmir after the August 5, 2019 notification repealing Article 370 will have no bearing on the constitutional issue to be adjudicated by the five-judge bench.

Ahead of the hearing, National Conference leader Omar Abdullah said, "From the very first day, we have been saying that whatever has happened is wrong and unconstitutional. We have come to the Supreme Court hoping for justice."

Centre's affidavit

The Centre, in its affidavit submitted to the Supreme Court, defended the abrogation of Article 370, citing an "unprecedented" era of peace, progress, and prosperity in Jammu and Kashmir. It also claimed that there has been a reduction in organized stone pelting incidents linked to terrorist-secessionist agendas  in Jammu and Kashmir. The number of such incidents, which stood at 1,767 in 2018, has now dropped to zero in 2023. Additionally, the affidavit highlighted a substantial 65.9 percent decline in casualties among security personnel in 2022, compared to the figures from 2018.

Reacting to the affidavit, former Chief Ministers Omar Abdullah and Mehbooba Mufti had called it a lie saying the government has established "peace of the graveyard in Kashmir." 

Supreme Court will have to take a bold stand for upholding the majesty of the Constitution: Mehbooba Mufti

PDP president Mehbooba Mufti has said the Supreme Court was the only institution left in the country that can ensure that India is governed as per its Constitution.

"Entire world is watching Supreme Court proceedings in Article 370. Jammu and Kashmir, despite being a Muslim majority state, rejected the two-nation theory based on religion and joined hands with India. We were granted assurances under the Constitution. These guarantees were not given by China, Pakistan or any neighbouring country," the former chief minister said.

"The Supreme Court will have to see how the institutions in the country have been subverted and the apex court remains the only institution that can save the Constitution. BJP is not only playing with the Constitution based on its brute majority in Parliament but ignoring everything including the SC rulings. They brought an ordinance after SC ruling on Delhi which is unconstitutional," she added.

Mehbooba said the Supreme Court will have to take a bold stand for upholding the majesty of the Constitution.

"The Supreme Court is the only institution left that can save the Constitution and the country. The question is 'are you ready to take risks'? Is the Supreme Court ready to take risks like the Allahabad High Court did at the time of Indira Gandhi (in 1975)?" she asked.

She was referring to the June 12, 1975, verdict delivered by Justice Jagmohanlal Singh of the Allahabad High Court that had convicted the then prime minister of electoral malpractices.

On the Article 370 petitions, the PDP president said the apex court has to decide between the Constitution and BJP's agenda.

"There are only two sides -- either you are with the Constitution of India and the guarantees given to people of Jammu and Kashmir or against India. I am talking about the country, not the opposition alliance.

"The SC has to decide whether this country will be run as per the Constitution of India or as per the communal agenda of BJP, " she said.

"They are trying to replicate Manipur situation in the entire country," she alleged.

Expect justice on pleas challenging abrogation of Article 370: Omar Abdullah

Former Jammu and Kashmir chief minister Omar Abdullah said he expected justice from the Supreme Court like other citizens as the top court commenced hearing pleas challenging abrogation of Article 370 that bestowed special status on the erstwhile state of Jammu and Kashmir.

“Whatever happened with Jammu and Kashmir on August 5, 2019 was wrong. It was against the Constitution and the law. We will put these to the Hon’ble Supreme Court,” the National Conference leader said in the premises of the top court.

“We have got the opportunity to put forth our grievances. We expect justice like any other citizens of the country,” he said.