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After the passing of the Jammu & Kashmir Reorganization Act and the abrogation of all the provisions of Article 370 of the Indian Constitution, there were many petitions filed against this step of the government. After the main petition was filed the court had direct the Government to file the replies but the same has not been done. The government has asked for some more time for filing the replies.
The Constitution Bench did not intervene in the Jammu & Kashmir Reorganization Act which will come into force from October 31. The act seeks to divide the state of Jammu & Kashmir into two Union Territories i.e. Jammu & Kashmir with legislature and Ladakh without legislature. The five judge bench was led by Hon'ble Justice N V Ramana wound up the hearing shortly after realizing that the centre and the J & K government had not filed any response to the series of petitions challenging the dilution of Article 370.
The Attorney General K.K. Venugopal, for the centre, sought more time from the court on Tuesday. The petitioners contended that action must be taken by the Hon'ble Supreme Court as the act would come into force from October 31. The court has given the time of November 14 for filing reply but petitoner's said such a delay would lead the case infructuous. The petitioners argued that once the delimitation process starts the effect would be irreversible.
But the Hon'ble bench advised the petitoner's : "first let us ensure pleadings are completed." In such matters the court said that they cannot proceed without counters of the other side. The bench said that even if the Act came into existence the court could turn the clock back if a judgment is later made in fovaour of the petitioners. If necessary it would even direct the centre to produce the relevant documents pertaining to it's decision to scrap special status to Jammu and Kashmir.
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