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Supreme Court Updates 17 February 2023

CJI to take a call on the listing of petitions related to Article 370

Today, On listing the batch of petitions challenging the abrogation of the special status of Jammu and Kashmir under Article 370, Chief Justice of India (CJI) DY Chandrachud said that “I’ll take a call on it.” Earlier, the matter was mentioned for urgent listing in December 2022 to which CJI said “We will examine and give a date.” The petitions regarding the abrogation of special status under Article 370 were referred to the Supreme Court bench comprising Justices B R Gavai, N V Ramana, R Subhash Reddy, Surya Kant, and Sanjay Kishan Kaul in 2019. While hearing the case, a preliminary issue arose regarding the reference of the case to a larger bench (7-judge bench) because of the divergence of opinions by the SC benches in the Prem Nath Kaul and Sampath Prakash case. Further on March 2, 2020, the SC bench stated that there is no need for referring the case to a larger bench. Since then the case was not listed for hearing whereas former CJI UU Lalit agreed to hear the petitions in September 2022. Moreover, in April 2022, CJI NV Ramana did not list the matter for hearing because of this the batch of petitions regarding Article 370 were unattended. 

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