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Article 370 pleas listed before Supreme Court today

SRINAGAR: Pleas challenging the constitutional validity of Article 370 which grants special status to Jammu and Kashmir are listed before the Supreme Court on April 2.

It has been learnt that the case “figures at item number 5 in the miscellaneous list of April 2” before a bench comprising Chief Justice Ranjan Gogoi, Justice Deepak Gupta and Justice Sanjiv Khanna.

“There is constitutional bench today (Tuesday) and if it continues without any break, then there is no chance for this case to come up for hearing,” a source said. “However, if the bench breaks for any reason, the case may come up for hearing”.

On January 14 this year, the Supreme Court had tagged a public interest litigation (PIL) filed by Bharatiya Janata Party (BJP) leader and lawyer Ashwini Upadhyay against Article 370 with another similar petition filed by Kumari Vijayalakshmi Jha.

The court had listed the matter for hearing on April 2.

Upadhyay has filed the PIL against Article 370 which also pleads that the separate constitution of Jammu and Kashmir was “arbitrary” and “unconstitutional” on grounds that it was against the “supremacy of the constitution of India and contrary to dictum of one nation, one constitution, one national anthem and one national flag”. Upadhyay has contended that the special provision was “temporary” in nature at the time of framing of the constitution and Article 370(3) lapsed with the dissolution of the Jammu and Kashmir constituent assembly on January 26, 1957. (GK)

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