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CHIEF JUSTICE'S COURT
HON'BLE THE CHIEF JUSTICE DY CHANDRACHUD
HON'BLE MR. JUSTICE SANJAY KISHAN KAUL
HON'BLE MR. JUSTICE SANJIV KHANNA
HON'BLE MR. JUSTICE B.R. GAVAI
HON'BLE MR. JUSTICE SURYA KANT
SERIAL No. 501, COURT NO.1 SECTION PIL-W
SUPREME COURT OF INDIA
RECORD OF PROCEEDINGS
Writ Petition (Civil) No.1099/2019
In re: Article 370 of the Constitution
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TRANSCRIPT OF HEARING
02-August-2023
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Document Control
Document Transcript of WP (Civil) 1099 of 2019 Hearing dated
Name & Date 02.08.2023
Status Released
Version 1.0
Last Update 02.08.2023
Nature of Original version
Update
Release Date 02.08.2023
Document Supreme Court of India
Owner
10:45 AM IST
Transcribed by TERES
6
1 CHANDER UDAY SINGH: This is an application to Your Lordships not in the matter My
2 Lords. I am really sorry to do this but clarification is needed whether My Lords Court 3, My
3 Lord Honourable Justice Bose's Bench can hear mentioning. There is something very urgent
4 that...
5
6 CHIEF JUSTICE DY CHANDRACHUD: There is a provision in the latest SOP.
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8 CHANDER UDAY SINGH: Your Lordships are... I am just....
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10 CHIEF JUSTICE DY CHANDRACHUD: There is a provision in the SOP, circulate an
11 email. I've said that however I urgent something is, once the mentioning is not available or the
12 mentioning is over, just an email will be put up to me by the registrar listing. I'll pass orders
13 immediately. So just read the SOP. It has everything in that.
14
15 CHANDER UDAY SINGH: Because Your Lordships have Constitution Bench...
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17 CHIEF JUSTICE DY CHANDRACHUD: I think yesterday, every mentioning request
18 which was made until late night yesterday was attended to. I was in fact a little more liberal
19 because I knew that this was going to happen, that we are the first five are going to be in a
20 Constitution Bench. All requests have been granted. If there's something over and above that,
21 the SOP has a provision even for that. Follow the SOP, I'll give you a date immediately.
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23 CHANDER UDAY SINGH: We will send that email immediately. There is something very
24 dire My Lords.
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26 CHIEF JUSTICE DY CHANDRACHUD: Yes. So Mr. Sibal we'll start.
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28 ML SHARMA: Your Lordship....
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30 CHIEF JUSTICE DY CHANDRACHUD: Yes, Mr. Sharma?
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32 ML SHARMA: Your Lordship, am I clear? May I request Your Lordships?
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34 JUSTICE SANJAY KISHAN KAUL: You are very clear Mr. Sharma. What do you want to
35 say?
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37 ML SHARMA: Your Lordships....
Transcribed by TERES
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2 CHIEF JUSTICE DY CHANDRACHUD: Mr. Sharma, I can anticipate what you are saying.
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4 ML SHARMA: Yeah. I want to say....
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6 CHIEF JUSTICE DY CHANDRACHUD: We are not calling this matter by the name of any
7 individual litigant. We are saying In Re: Article 370, I think that should resolve your problem.
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9 ML SHARMA: I agree. My request is only that of course, I filed the first petition. I have a
10 very serious issue with me. Permit me to argue in the last. I'm not saying allow me first. Permit
11 me to argue in the last...
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13 CHIEF JUSTICE DY CHANDRACHUD: Of course Mr. Sharma. Yes. Mr. Attorney,
14 likewise I think we don't have to... we will also request your side also to not overlap and then...
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16 ML SHARMA: We will not overlap anything. I will not touch the point, whatever are going
17 to be submitted by anyone over here. I have total different thing...
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19 CHIEF JUSTICE DY CHANDRACHUD: Yes, yes Mr. Sharma, we got your point now.
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21 JUSTICE SANJAY KISHAN KAUL: You will be the last batsman. Yes.
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23 ML SHARMA: Yeah, but give me....
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25 TUSHAR MEHTA: Necessarily be based upon what is argued, what points are formulated,
26 how etc. And before they end, we would not indicate our time. We have understood My Lord,
27 the concern that there should not be any repetition, unwarranted repetition etc.
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29 KAPIL SIBAL: May I please My Lord...
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31 PRASANNA S: A point of clarification Your Lordship. I was appointed the nodal counsel,
32 unfortunately not able to present as I am down with conjunctivitis. But Writ Petition (Civil)
33 no. 1099 of 2019, in which Mr. Ramachandran was appearing, although two parties have
34 withdrawn, there are other petitioners who are still prosecuting this case and there will be
35 representation for that as well.
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Transcribed by TERES
87
1 now, come straight to PDF 47. On 29 March 2017.... Then, of course, the clamouring began
2 remove 370, do away with 370. That's a separate issue and you are not concerned with that...
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4 JUSTICE SANJAY KISHAN KAUL: You are on 55 now?
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6 KAPIL SIBAL: 55 exactly, My Lord. Justice Khanna has 55? Justice Gavai? Justice Surya
7 Kant? Member of Parliament Ratna De Nag raised the question whether the Minister of Law
8 and Justice as to whether the government proposes to amend and remove 370 related to
9 Jammu and Kashmir in the near future, if so details thereof, not the reason, therefore, whether
10 this will help in providing equitable justice to the people of the State and if so the details
11 thereof, Minister of State of Law and Justice at such so and so. At present there is no such
12 proposal under consideration.
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14 CHIEF JUSTICE DY CHANDRACHUD: These are only proposals?
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16 KAPIL SIBAL: These are only proposal laws. No, no, no, throughout. The list goes on My
17 Lords. Then 57 is My Lords. Section 92. This is important. Item 57 of Section 92 of the
18 Constitution of Jammu and Kashmir deals with provisions in case of a failure of the
19 constitutional machinery in the State. Provision permitted the Governor to, by proclamation,
20 assume to himself all the powers and functions of the government of the State. Such a
21 proclamation would, in terms of 92(5) require the concurrence of the President of India. Under
22 92(3), would cease to operate six months after it was issued. On June 20, 2018. The Governor,
23 with the concurrence or the President, issued a proclamation under 92, declaring Governor's
24 Rule in the State. This is important. Now we’re coming to the present controversy. We can do
25 it tomorrow, My Lords.
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27 CHIEF JUSTICE DY CHANDRACHUD: We can continue tomorrow.
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29 KAPIL SIBAL: Deeply obliged My Lords.
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34 END OF DAY’S PROCEEDINGS
Transcribed by TERES
