The hearing of petitions challenging the abrogation of Article 370 and 35A shall commence from 2nd August, Supreme Court.
CJI DY Chandrachud: Arguments shall proceed as per status of docs on 27 July. SG has informed that though the Union has filed an additional affidavit, the contents of the affidavit have no bearing on constitutional issues and thus are not to be relied on for that purpose.
CJI DY Chandrachud: The hearing of the petitions shall commence on 2 August at 10.30 am and shall thereafter continue on a day to day except miscellaneous days.
SG: Earlier there was a direction to file compliance affidavit… parties may need to add to it
Sr Adv Raju Ramachandran: links are there/
CJI: Parties can complete everything by July 25, 2023
Sr Adv CU Singh: we need liberty to file a fresh counter reply
Business of additional affidavits, additional compilations.. we had heard it in detail.. there was diversion on whether it should go before a five or seven judge bench.. now i am at a loss to understand why there is a need to file additional documents etc: Justice Kaul
Singh: But the centre has filed a fresh affidavit
SG: It shows the position of the state after the abrogation..
CJI: In same sex matter we kept getting fresh submissions, rejoinder submissions etc.. till last evening also we got 1,000 page compilations.. it is unfair to others.. once compilation filed it has to be frozen.
CJI: The affidavit of the centre has no bearing on the constitutional question
Sr Adv Dushyant Dave: the affidavit has been widely reported in the press
CJI: We cannot control what is there in the press
Dave: we have not got a copy
SG: We will give
Dave: Justice Gavai’s smiling is telling
SG: Bar sometimes reads your lordship’s silence.
SG: There cannot be any reason for any party to shy away on the situation which is there in the state after abrogation
CJI: The hearing of the petitions before the constitution bench shall commence on August 2, 10:30 am and then proceed on day to day basis barring miscellaneous days that is Monday and Friday. Mr Prasanna and Kanu Aggarwal shall be the nodal counsels for preparation of common convenience compilations. since compilations already prepared earlier.. should more additions be made.. it has to be made by July 27, 2023. Nodal counsel shall ensure compilations are indexed and paginated. All counsels shall be given the copies.
CJI: Written submissions should be filed on or before July 27 and no more submissions shall be allowed thereafter. SG has submitted that though centre has filed an additional affidavit setting out central govt view on post notification development..it would have no bearing on the constitutional question and it would not be relied upon.
Justice Kaul: synopsis had also been filed.. petitioners side had almost completed arguments.
Sr Adv Gopal Sankarnarayanan: there have been judgments in the last two years which we need to add
CJI: any additional document to be filed by July 27 has to be filed through nodal counsel
Attorney General: in a matter like this on how a constitutional provision has to be looked into… so foreclosing anything at this stage as not correct
CJI: No let us follow this modality for constitution bench hearings. Now on apportionment of time. On petitioner side please decide who will argue what, order of addressing arguments, same with respondents and then only commence the hearing. Distribute time
Sr Adv Gopal S: there are 23 petitions. 17 are challenging article 370 abrogation and the other 8 are challenging article 35A.
CJI: All compilations being filed should be strictly electronic mode.
CJI: in so far as impleadments are concerned we will not shut anyone out… but you have to ration time and time has to be apportioned. the two nodal counsels in so far as intervention applications are concerned… please ensure that a separate head is prepared in index.. who filed it… who is the arguing counsel.. and tabulate the essence of the intervention.
Sr Adv Raju Ramachandran: I was appearing for seven petitioners. There are two who wants to be deleted.
CJI: Who are the two?
Ramachandran: they are Shah Faesal and Shehla Rashid @shahfaesal
SG: he is an IAS officer hence may not want to pursue
CJI: Deletions allowed.
Sr Adv Gopal S: The batch name will now change since the lead petitioner is deleted. The matter can be In Re: Article 370
SG: There is already one who wants to be lead petitioner who wants to be fastest finger first
(ML Sharma) laughs
CJI: We will call this henceforth In Re: Article 370.
CJI: No further pleading shall be filed after the deadline dates.
Adv ML Sharma: this is a plea which i filed first.. notice by three judges.. then notice as by five judges.. now my name is removed and other names are there
CJI: This is always an issue when you are appearing. anyways we are calling it now In Re: Article 370
Sharma: but notice was in my petition
Justice Kaul: do not repeat what we rejected last time.
(Courtesy: Bar and Bench)