The Supreme Court of India has concluded hearing a bunch of petitions challenging the Article 370 abrogation on Tuesday afternoon.
The arguments that began on August 02 on a day-to-day basis were being heard by a five-bench constitutional bench of the Supreme Court led by the Chief Justice of India, DY Chandarchud.
During the arguments, several renowned lawyers including Gopal Subramaniam, Dr. Dhawan, Adv. Dave, Advocate Kapil Sibal among others argued that the Government of India’s abrogation of Article 370 was unconstitutional, while the government argued that the Article abrogation was must to bring Jammu Kashmir at par with the rest of India.
The hearings on Day 15 began on a fiery note when the defendants and petitioners argued over the affidavit filed by petitioner number 1 Mohammed Akbar Lone, senior JKNC leader, who was accused by the centre of raising pro-Pakistan slogans.
Senior Advocate Kapil Sibal said that what was unfolding in the court was merely for grabbing headlines. “All this is being televised, let us refrain from doing all this,” he said.
Advocate Sibal then went on wit his rejoinder and said that all princely states went through merger agreements and there was no exception except Jammu Kashmir. “This shows that merger was never contemplated except in terms of 370. All the others became through proclamation part of the states and then became part of B states,” senior advocate Sibal argued.
To a question of CJI, Advocate Gopal Subramaniam argued that the constitution of Jammu Kashmir was incorporated by the Constitution of India and it can be read through the latter constitution. He said that the premises of Government’s argument on abrogation have no legal ground.
Kashmiri lawyer, Zafar Shah responding to Government of India’s claim of development said, “I want to tell the Solicitor General that self Governance is better than good governance.” Shah also argued that the name of Chief Justice of India will go down the pages of history for wining the hearts and minds of people of the region, if the court decides in favour of people of Jammu Kashmir.
Senior Adv Dushyant Dave said that whichever way the court look at this- democracy, federalism, rule of law- each one of them is a basic structure of the Constitution. Every one of those principles are completely thrown out of the window by this (abrogation).
Advocate Dave said if peace had been established in Jammu Kashmir, why were security personnel deployed after every hundred meters?
The Chief Justice of India at the conclusion of the argument said that the court has finished the arguments and has reserved the decision.