With the Supreme Court all set to hear the petitions on constitutional validity of Abrogation of Article 370 in Jammu and Kashmir, retired Supreme Court Judge Justice Krishna Murari said though the constitutional issue is main but one cannot ignore the practical aspect.
Justice Murari exclusively told News18, “The basic thing would be the Constitutional validity because the courts are supposed to test the validity of a statue or Constitutional amendment on the constitutional principles, but, it’s a fact that the court cannot also shut its to the practical aspect of it.”
The Supreme Court on July 11 said it will start hearing a batch of petitions challenging the Abrogation of Article 370 and bifurcation of the erstwhile state of Jammu and Kashmir into Union Territories from August 2.
The five-judge Constitution bench of the SC headed by Chief Justice of India DY Chandrachud and also comprising Justices Sanjay Kishan Kaul, Sanjiv Khanna, BR Gavai, and Surya Kant, however, clarified that Centre’s fresh affidavit on July 10, claiming that Jammu and Kashmir is witnessing an “unprecedented era of peace, progress and prosperity” after the abrogation of Article 370 on August 4, 2019 has “no bearing on the constitutional challenge”.
Defending its “historic” decision, the Centre said street violence, engineered and orchestrated by terrorists and secessionist networks has now become thing of past.
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