Odisha News, Odisha Latest news, Odisha Daily - OrissaPOST
  • Home
  • Trending
  • State
  • Metro
  • National
  • International
  • Business
  • Feature
  • Entertainment
  • Sports
  • More..
    • Odisha Special
    • Editorial
    • Opinion
    • Careers
    • Sci-Tech
    • Timeout
    • Horoscope
    • Today’s Pic
  • Video
  • Epaper
  • News in Odia
  • Home
  • Trending
  • State
  • Metro
  • National
  • International
  • Business
  • Feature
  • Entertainment
  • Sports
  • More..
    • Odisha Special
    • Editorial
    • Opinion
    • Careers
    • Sci-Tech
    • Timeout
    • Horoscope
    • Today’s Pic
  • Video
  • Epaper
  • News in Odia
No Result
View All Result
OrissaPOST - Odisha Latest news, English Daily -
No Result
View All Result

SC declines to refer pleas challenging abrogation of Article 370 to larger bench

PTI
Updated: March 2nd, 2020, 17:59 IST
in Home News, National
0
Share on FacebookShare on TwitterShare on WhatsAppShare on Linkedin

New Delhi: The Supreme Court declined Monday to refer to a larger seven-judge bench a batch of petitions challenging the constitutional validity of the Centre’s decision to abrogate provisions of Article 370, August 5 last year.

A five-judge Constitution bench headed by Justice NV Ramana said there were no reasons to refer the matter to a larger bench.

Also Read

Temperature to rise in Odisha

Study finds average temperature across India rose by 0.89 degrees Celsius, extremes becoming common

13 hours ago
Pema Wangjom Thongdok, Arunachal Pradesh

China denies allegation of harassment of Indian woman at Shanghai airport

13 hours ago

NGO, People’s Union of Civil Liberties (PUCL), Jammu and Kashmir High Court Bar Association and an intervener had sought referring of the matter to a larger bench on the ground that two judgements of the apex court – Prem Nath Kaul versus Jammu and Kashmir in 1959 and Sampat Prakash versus Jammu and Kashmir in 1970 – which dealt with the issue of Article 370 were conflicted each other and therefore, the current bench of five judges could not hear the issue.

Disagreeing with the petitioners, the bench, also comprising Justices Sanjay Kishan Kaul, R Subhash Reddy, BR Gavai and Surya Kant, said it was of the opinion that ‘there is no conflict between the judgements’.

“The plea of the counsel (of PUCL, the bar association and the intervener) to refer the present matter to a larger bench on this ground is, therefore, rejected,” the top court said.

The apex court also did not agree with the contention that judgement in the Prem Nath Kaul case was not considered by the top court in its subsequent verdict in the Sampat Prakash matter.

The petitioners had contended that as decision in the Kaul case was not considered in the subsequent judgement, the latter verdict was ‘per incuriam’ or wrongly decided.

The bench said, “At the cost of repetition, we note that the rule of per incuriam being an exception to the doctrine of precedents is only applicable to the ratio of the judgment. The same having an impact on the stability of the legal precedents must be applied sparingly, when there is an irreconcilable conflict between the opinions of two co-ordinate benches. However, as indicated above there are no contrary observations made in the Sampat Prakash case to that of Prem Nath Kaul, accordingly, the case of Sampat Prakash is not per incuriam.”

The apex court further said that ‘in light of the aforesaid discussion, we do not see any reason to refer these petitions to a larger bench on the questions considered’.

After the order was pronounced, some of the lawyers appearing in the matter requested the bench to fix a date for hearing of the main matter.

The bench said that schedule of hearing on the batch of petitions challenging the validity of abrogation of provision of Article 370 would depend on the hearing by a nine-judge bench in the Sabarimala case, which is expected to start after the Holi break.

PTI

 

Tags: Article 370Constitutional benchJammu-and-KashmirSabarimalaSupreme Court
ShareTweetSendShare
Suggest A Correction

Enter your email to get our daily news in your inbox.

 

OrissaPOST epaper Sunday POST OrissaPOST epaper

Click Here: Plastic Free Odisha

#MyPaperBagChallenge

Priyabrata Mohanty

December 12, 2019
#MyPaperBagChallenge

Sipra Mishra

December 12, 2019
#MyPaperBagChallenge

Ramakanta Sahoo

December 12, 2019
#MyPaperBagChallenge

Aishwarya Ranjan Mohanty

December 12, 2019
#MyPaperBagChallenge

Arya Ayushman

December 12, 2019
#MyPaperBagChallenge

Aman Kumar Barisal

December 12, 2019
#MyPaperBagChallenge

Manas Samanta

December 12, 2019
#MyPaperBagChallenge

Ankita Balabantray

December 12, 2019
#MyPaperBagChallenge

Keshab Chandra Rout

December 12, 2019
#MyPaperBagChallenge

Shreyanshu Bal

December 12, 2019
#MyPaperBagChallenge

Vandana Singh

December 12, 2019
#MyPaperBagChallenge

Akriti Negi

December 12, 2019
#MyPaperBagChallenge

Pratyasharani Ghibela

December 12, 2019
#MyPaperBagChallenge

Mandakini Dakua

December 12, 2019
#MyPaperBagChallenge

Mrutyunjaya Behera

December 12, 2019
#MyPaperBagChallenge

Ipsita

December 12, 2019
#MyPaperBagChallenge

Amritansh Mishra

December 12, 2019
#MyPaperBagChallenge

Rajashree Pravati Mohanty

December 12, 2019
#MyPaperBagChallenge

Sarmistha Nayak

December 12, 2019
#MyPaperBagChallenge

Subhajyoti Mohanty

December 12, 2019
#MyPaperBagChallenge

Faiza Firdous

December 12, 2019
#MyPaperBagChallenge

Surya Sidhant Rath

December 12, 2019
#MyPaperBagChallenge

Jyotshna Mayee Pattnaik

December 12, 2019
#MyPaperBagChallenge

Pratik Kumar

December 12, 2019
#MyPaperBagChallenge

Pitabas Tripathy

December 12, 2019
#MyPaperBagChallenge

Anup Mahapatra

December 12, 2019
#MyPaperBagChallenge

Spinoj Pattnaik

December 12, 2019
#MyPaperBagChallenge

Smitarani Sahoo

December 12, 2019
?????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????
#MyPaperBagChallenge

Dibya Ranjan Das

December 12, 2019
#MyPaperBagChallenge

Anasuya Sahoo

December 12, 2019

Archives

Editorial

Might Is Right

Donald Trump
November 25, 2025

US President Donald Trump’s peace initiatives appear to be turning into a one-sided affair in which the aggressor is being...

Read moreDetails

COP Compromise

COP30
November 24, 2025

Even after running overtime for more than 18 hours, the COP30 summit at Belém, Brazil, concluded with a compromise agreement...

Read moreDetails

Muted Valley Voice

November 23, 2025

A lot of things are being alleged by ‘sources’ regarding a raid on a newspaper called Kashmir Times, and its...

Read moreDetails

Lightning Ascent

November 22, 2025

There are fast moves in babudom bureaucracy, and then there is the Sujit Kumar story, which has impressed many in...

Read moreDetails
  • Home
  • State
  • Metro
  • National
  • International
  • Business
  • Editorial
  • Opinion
  • Sports
  • About Us
  • Advertise
  • Contact Us
  • Jobs
Developed By Ratna Technology

© 2025 All rights Reserved by OrissaPOST

  • News in Odia
  • Orissa POST Epaper
  • Video
  • Home
  • Trending
  • Metro
  • State
  • Odisha Special
  • National
  • International
  • Sports
  • Business
  • Editorial
  • Entertainment
  • Horoscope
  • Careers
  • Feature
  • Today’s Pic
  • Opinion
  • Sci-Tech
  • About Us
  • Contact Us
  • Jobs

© 2025 All rights Reserved by OrissaPOST

    • News in Odia
    • Orissa POST Epaper
    • Video
    • Home
    • Trending
    • Metro
    • State
    • Odisha Special
    • National
    • International
    • Sports
    • Business
    • Editorial
    • Entertainment
    • Horoscope
    • Careers
    • Feature
    • Today’s Pic
    • Opinion
    • Sci-Tech
    • About Us
    • Contact Us
    • Jobs

    © 2025 All rights Reserved by OrissaPOST