SC defers Article 370 hearing; gives 5 weeks to Centre, state for filing affidavits

New Delhi: The Supreme Court on Tuesday fixed November 14 to commence hearing on a batch of petitions challenging constitutional validity of the Centre's decision to abrogate Article 370 that gave special status to Jammu and Kashmir.

A five-judge Constitution bench headed by Justice N V Ramana allowed the Centre and the Jammu and Kashmir administration to file counter-affidavits on petitions challenging scrapping of Article 370. The top court refused the plea of petitioners that not more than 2 weeks be given to the Centre and J&K administration for filing counter-affidavits.

The apex court also put embargo on filing of any fresh writ petition challenging constitutional validity on abrogation of Article 370. The bench said one week time would be for the petitioners to file their replies to the counter-affidavit that would be filed by the Centre and Jammu and Kashmir administration within four weeks.

"We have to allow the Centre and the J&K administration to file counter-affidavit otherwise we can't decide the matter," the bench also comprising justices S K Kaul, R Subhash Reddy, B R Gavai and Surya Kant said.

On Saturday, Chief Justice of India Ranjan Gogoi had set up the Constitution bench of justices NV Ramana, SK Kaul, R Subhash Reddy, BR Gavai and Surya Kant to commence hearing on a batch of petitions challenging the scrapping of provisions under Article 370.