The
Supreme Court on Monday dismissed a petition seeking a declaration that
abrogation of Article 370 of the Constitution, which bestowed special status on
the erstwhile state of Jammu and Kashmir, was constitutionally valid.
Terming
the plea as "misconceived", a bench headed by Chief Justice D Y
Chandrachud said the issue of constitutional validity of abrogation of Article
370 is already pending before a constitution bench of the apex court.
"What
kind of a petition is this? You are now seeking a declaration by this court
that the abrogation of Article 370 is valid. Why should we issue that
declaration on your petition? Who has set your client up?" the bench, also
comprising Justices J B Pardiwala and Manoj Misra, asked the counsel appearing
for the petitioner.
The
bench noted that the petitioner has filed a public interest litigation (PIL)
seeking a declaration to the effect that abrogation of Article 370 (1) of the
Constitution and the deletion of Article 35-A were constitutionally valid.
"A
declaration cannot be issued by this court with regard to the constitutional
validity of the action of the Union Government. In any event, the issue of
constitutional validity is pending before the constitution bench," it
said.
"The
present petition is misconceived and is accordingly dismissed," the top
court said.