NEW DELHI: The Supreme Court on Monday refused to refer to a seven-judge
Constitution
bench a bunch of pleas challenging the constitutional validity of changes in
Article 370 for scrapping of special status to Jammu and
Kashmir and said the issue would continue to be heard by the five-judge bench.
A five-judge bench of Justices N V Ramana, Sanjay Kishan Kaul,
R Subhash Reddy
, B R Gavai and Surya Kant, which was set up to decide the issue, said there was no reason to refer the
case
to a larger bench. It did not find merit in the plea of some of the petitioners, who alleged there was contradiction in the verdicts of two five-judge SC benches on the scope of
Article
370 as they sought reference of the case to larger bench. The petitioners argued that two SC judgments — Prem Nath Kaul versus J&K in 1959 and
Sampat Prakash
versus J&K in 1970 — on the issue were in conflict and thus a larger bench should hear the case. But the court agreed with the contention of the Centre and J&K administration that there was no inconsistency between the decisions.
Article 370: No inconsistency in two earlier rulings, says SCThe SC agreed with the contention of the Centre and J&K administration that there was no inconsistency between the decisions of the apex court in Prem Nath Kaul and Sampat Prakash cases.