The Supreme Court on Wednesday indicated that the actual hearing on a batch of petitions challenging the abrogation of Article 370 – that had conferred the special status to J&K – and the Jammu and Kashmir Reorganisation Act, 2019 bifurcating the erstwhile state into two Union territories – J&K and Ladakh – is likely to commence in August.

The indication that the actual hearing is likely to commence in August only came both from the Chief Justice D Y Chandrachud and Justice B R Gavai in the course of the hearing of matters today. Both Chief Justice Chandrachud and Justice Gavai sitting in different courts said that on July 11, they would be issuing certain direction in pursuance to the  hearing of the petitions challenging abrogation of Article 370 and the bifurcation of the erstwhile State into two Union Territories.

In the course of the hearing of social activist Teesta Setalvad’s challenge to Gujarat High Court order refusing her bail in a 2002 Gujarat riots related case, senior advocate Kapil Sibal suggested that the hearing in her petition may be scheduled in August as hearing by the constitution bench is commencing from July 11.

In August, “It will be too late because we will begin hearing the challenge against Article 370,” Justice Gavai said pointing out “That (July 11) is only for directions. Tentatively, we will be starting in August,” Justice Gavai told Sibal.

A five-judge constitution bench comprising Chief Justice D.Y. Chandrachud, Justice Sanjay Kishan Kaul, Justice Sanjiv Khanna, Justice B.R. Gavai, and Justice Surya Kant will hear the challenge to abrogation of Article 370 and bifurcation of erstwhile State into two Union Territories.

The scheduled hearing on July 11 is likely to be confined to the issuance of directions on how the hearing will go about including the issues that will be adjudicated and possible preparation of common compilation that will be referred to and relied upon in the course of the hearing.

On August 5, 2019, the Central government announced the revocation of the special status of Jammu and Kashmir granted under Article 370 and split the region into two Union territories.

Earlier a five-judge constitution bench headed by Justice  N.V. Ramana (later became CJI and since retired) and comprising Justice Sanjay Kishan Kaul, Justice R. Subhash Reddy (since retired), Justice B.R.Gavai and Justice Surya Kant had on March 2, 2020, declined the plea to refer the abrogation of Article 370 and bifurcation of the erstwhile state into two Union territories to a larger 7-judge bench.

A five-judge constitution bench had on March 2, 2020, declined to refer the matter to a larger 7-judge bench noting that there was no conflict in the position  taken by earlier two benches of the strength of five-judges each on the interpretation of Article 370 of the constitution – now abrogated.

The top court had then said that the schedule for the hearing of the main matter- challenging the abrogation of Article 370 – would depend on the hearing of the Sabarimala and other matters relating to gender justice and essential religious practices by a 9-judge bench.

A number of petitions are pending before the top court challenging the scrapping of Article 370 of the constitution and bifurcating the state into two Union Territories.