5-judge bench to hear Article 370 from Tuesday

New Delhi: Chief Justice Ranjan Gogoi has cited his bench’s preoccupation with the Ayodhya case to send all cases related to alleged human rights violation in Jammu and Kashmir to another Constitution bench led by Justice NV Ramana, which will on Tuesday begin hearing petitions challenging the dilution of Article 370.

“Where is the time? We are in the middle of the Ayodhya case hearing,” the CJI said on Monday. At the last hearing, he had raised hopes that at least the issue of alleged detention of minors in J&K would be addressed. However, he said that though the high court legal aid had submitted a report to the court he did not have the time to deal with it.

The Constitution bench headed by Justice Ramana comprises Justices Sanjay Kishan Kaul, R Subhash Reddy, BR Gavai and Surya Kant.


Petitions referred to the bench include those related to press freedom, communication blockade, validity of the lockdown and curbs on travel and movement.

The CJI dismissed a plea by MDMK leader Vaiko, seeking release of former chief minister Farooq Abdullah, saying Abdullah was now detained under the Public Safety Act and it could not be challenged.

Abdullah had been under house arrest since Article 370 was made ineffective and J&K reduced to a Union Territory.

Vaiko had pleaded that the court direct the administration to produce him, check on his well-being and set him free. The Centre invoked PSA against him the very day SC began hearing the petition.

Under PSA, a person can be detained without trial for up to two years on the grounds that the person is a threat to national security or maintenance of public order.

The CJI, however, issued notices on another petition filed by National Conference member Sameer Kaul, seeking restoration of internet and basic telephony in medical institutions in the state.