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Supreme Court clubs pleas for 'Kashmir bench'

Starting today, five-judge bench to hear all petitions related to Article 370 and its after-effects

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Security personnel stand guard at Manda following the recent attack in Ramban in Jammu and Kashmir
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As the clampdown on communication and movement in Jammu and Kashmir entered its 56th day, the Supreme Court on Monday allocated all petitions pertaining to alleged detentions, restrictions on travel and communication lines, to a five-judge bench that will begin hearing on the Government's decision to scrap Article 370 on Tuesday.

Terming the five-judge bench as the "Kashmir bench", the bench of Chief Justice Ranjan Gogoi, Justices SA Bobde and S Abdul Nazeer, released a set of eight cases related to the situation in the newly-formed Union Territory to the five-judge bench which comprises Justices NV Ramana, Sanjay Kishan Kaul, R Subhash Reddy, BR Gavai and Surya Kant.

Among the petitions to be taken up by the new bench is a matter that relates to alleged detention of children in J&K. On an earlier date, the apex court had sought a report from the Juvenile Justice Committee of the J&K High Court on the petition filed by two social activists – Enakshi Ganguly and Shanta Sinha. The bench told the petitioner's counsel senior advocate Huzefa Ahmadi, "We have received the report. We will give it to you and send the matter to the Kashmir bench."



Following this order, the Court took up petitions filed by senior Congress leader Ghulam Nabi Azad, CPI General Secretary Sitaram Yechury, and four-time CPI MP from J&K Mohammad Yusuf Tarigami and passed similar orders directing its listing before the Kashmir bench. Another petition filed by Kashmir Times Editor Anuradha Bhasin also met the same fate, although her lawyer Vrinda Grover informed the Court that despite several opportunities given to the Centre to respond, they had not filed an affidavit giving reasons for imposing curbs on communication and internet.

Eight Cases Up

 The bench comprises Justices NV Ramana, Sanjay Kishan Kaul, R Subhash Reddy, BR Gavai and Surya Kant. 
 One matter relates to alleged detention of children in J&K 
 Other matters include Ghulam Nabi Azad & Sitaram Yechury’s pleas 
 Top court dismissed Vaiko’s plea seeking Farooq’s whereabouts

Three other petitions challenging orders of detention were also listed before the special bench on Tuesday. Solicitor General Tushar Mehta informed the CJI-headed bench that the Centre will file its response over the reason why the current lockdown is necessary to keep a tab on the law and order situation.

However, one petition that challenged the alleged detention of former J&K chief minister Farooq Abdullah was dismissed by the court. The petition, filed by MDMK leader Vaiko, a politician from Tamil Nadu, sought his production for a party event in Chennai where Abdullah was supposed to speak. The bench told Vaiko's lawyer that Abdullah has been detained under the Public Safety Act, the order of which has not been challenged by him. Dismissing the petition, the court, however, kept the order of detention under PSA open for challenge before any appropriate forum.

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