Article 370: SC to pronounce verdict today

Srinagar, Dec 10: The Supreme Court would on Monday deliver its verdict on petitions challenging the Centre’s decision to make changes to Article 370, and reorganise the state into two union territories of J&K and Ladakh.

To meet any eventuality, security across Kashmir has been heightened and social media is being monitored closely to stop rumours and hateful content.

The Supreme Court has listed for pronouncement of judgment the petitions challenging the abrogation of the provisions of Article 370 and bifurcation of the erstwhile state of Jammu and Kashmir into union territories by the Centre on August 5, 2019.

After a 16-day hearing, during which it considered submissions for and against the Centre’s August 2019 move, the Supreme Court reserved its decision on September 5 this year.

Chief Justice of India (CJI) D Y Chandrachud presided over the bench, which also comprised the four other most senior judges of the court — Justices S K Kaul, Sanjeev Khanna, B R Gavai, and Surya Kant.

On August 5, 2019, the President of India issued the Constitution (Application to Jammu and Kashmir) Order of 2019, which diluted Article 370 — the law that provided special status to J&K in the form of autonomy over local administration and its constitution.

The order replaced the term “Constituent Assembly” from Article 370 (3) with “Legislative Assembly” (of J&K).

Simultaneously, the Centre introduced a statutory resolution in the Rajya Sabha to abrogate most of Article 370.

The concurrence of the J&K Assembly was not possible because the state was under President’s Rule.

On August 6, the Parliament passed the J&K Reorganisation Bill of 2019, bifurcating the state into the union territories of J&K and Ladakh.

The petitioners have argued that the main issue to be decided is whether the Parliament could have assumed the role of the constituent assembly to make the amendments.

“Parliament could not have converted itself into a Constituent Assembly. Accepting that it can do so, will have enormous consequences for the future of the country. It was done in a politically motivated manner, and was a fraud on the constitution,” they argued.

A concerned union government has ensured there is enough security in J&K in light of the anticipated apex court’s verdict.

The regional parties of the erstwhile state, including the National Conference and the Peoples Democratic Party, would be awaiting the verdict as this would change their politics.
Officials in the know of the developments said that the authorities had tightened the security grid on the ground and were monitoring social media, warning of strict action, and booking five users for rumours and hateful content.

They said that there had been orders to upgrade the security ahead of the verdict.

Officials said that more Police and paramilitary forces were being deployed on the ground and monitoring social media activity.

“We have made arrangements and won’t allow anybody to take the law into their hands,” a senior J&K Police officer said here.

Police have initiated action against nine people for allegedly misusing social media platforms to spread rumours and hateful content.

The action came after the authorities issued guidelines for social media users to contain content that was communally sensitive or promoted terrorism and secessionism.

Legal action has been initiated against these individuals in Anantnag, Pulwama, Budgam, Baramulla, Bandipora, and Ganderbal districts for uploading hateful and abusive content and spreading rumours on social media.

The authorities in Kashmir issued guidelines for social media users under CrPC Section 144 to contain the spread of content that was communally sensitive or promoting terrorism and secessionism.