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J&K: 5-judge Constitution bench to hear plea against Modi govt’s move on Art 370

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The Supreme Court today (Wednesday, Aug 28) referred to a five-judge Constitution Bench the petitions challenging the Narendra Modi government’s revocation of special status of the State of Jammu and Kashmir under Article 370 and bifurcation of the state into two Union Territories.

The bench of CJI Ranjan Gogoi, Justice SA Bobde and Abdul Nazeer issued notice in the matter while fixing the first week of October to hear it. The court also sought a response from the Centre and Jammu and Kashmir administration.

“We will refer the matter to a five-judge Constitution bench”, the bench said while not accepting the arguments that the issuance of notice will have a “cross-border repercussion”.

The government, represented by Attorney General KK Venugopal and Solicitor General Tushar Mehta, were urging the court to exercise restraint as far as orders and oral observations on Jammu and Kashmir were concerned.

“Notice is issued for the purpose of intimating parties to be present for the hearing. We are already here”, said Mehta, adding that “it had repercussions in other countries”. Ramachandran wondered how the court issuing notice in the normal course “can embarrass anyone”.

Mehta replied that it “doesn’t embarrass anyone, but other countries are taking advantage”. Attorney General KK Venugopal also urged the court not to issue a notice saying “this is a very serious issue”.

As the counsel appearing for both sides were involved in arguments and counter-arguments, the bench said, “We know what to do, we have passed the order, we are not going to change”.

“Let all the petitions on Article 370 issue go to a five-judge Bench for hearing,” Chief Justice of India (CJI)Ranjan Gogoi, heading the three-judge Bench, said.

The CJI indicated the Constitution Bench may start hearing the matter from October beginning.

On communication blackout in Kashmir

The bench also issued notice on the petition by Kashmir Times Executive Editor Anuradha Bhasin challenging what she claimed was the “communication blackout” in J&K.

Her petition sought a relaxation of restrictions and to allow journalists “to practise their profession and exercise their right to report freely on the situation prevailing in J&K after clampdown on the entire State on August 4, 2019”.

Bhasin, represented by senior lawyer Vrinda Grover, described the ground situation as that of “absolute and complete Internet and telecommunication shutdown, severe restrictions on mobility and sweeping curtailment on information sharing in the Valley, at a time when significant political and constitutional changes are being undertaken in Delhi to the status of J&K”.

She said the information blackout was “fuelling anxiety, panic, alarm, insecurity and fear among the residents of the Kashmir”.

Also Read: J&K: Modi govt sets up 5-member Group of Ministers to draw up development plan

Yechury allowed

The three-judge Bench also allowed Sitaram Yechury, general secretary of the Communist Party of India (Marxist), to visit Jammu and Kashmir to meet his party colleague MY Tarigami.

Yechury, represented by senior advocate Raju Ramachandran, said he wanted to meet Tarigami as there was no news of him. He wanted to know about the welfare and whereabouts of his colleague.

Mehta saidTarigami’s health was monitored every day and “he is hale and hearty”. “What can happen to him [Tarigami]? He is provided Z-category security.”

“Whether he has Z or Z Plus category, if a citizen wants to go and meet him, you have to let him,” Chief Justice Gogoi told Mehta.

Mehta said the government would make arrangements to escort Yechury.

The Chief Justice retorted, “You don’t escort, he [Yechury] will go on his own.”

Chief Justice Gogoi also agreed to Ramachandran’s assurance that Yechury would give an undertaking to limit his trip to J&K only to meet Tarigami and not travel around.

“If he does that, you report back to us,” the Chief Justice told Mehta.

Others petitions on Article 370 and J&K

National Conference leaders, and a Kashmiri lawyer are among the petitioners that have challenged the Centre’s August 5 decision to scrap Article 370.

The various petitions include one by the National Conference party challenging the Centre’s “unilateral” move to impose curfew and unravel the unique federal structure of India by dividing Jammu and Kashmir “without taking consent from the people,” IAS officer-turned-politician Shah Faesal, activist Shehla Rashid, Advocate ML Sharma and a plea by young lawyer Mohammed Aleem Sayed, worried about his aged parents in the Valley.

The petition filed by detained politician Shah Faesal and Shehla Rashid Shora contended that the August 5 Presidential Order and the Jammu and Kashmir Reorganisation Act of 2019 were arbitrary. They also challenged the proclamation of President’s Rule in the State in December 2018.

The three-judge Bench allowed the young lawyer Sayed to meet his parents. It asked the State to provide him adequate protection. The court took up his case first.

The main petitionschallenge the Centre’s sudden move to “unilaterally unravel the unique federal scheme, under cover of President’s Rule, while undermining crucial elements of due process and the rule of law”.

They said what happened to Jammu and Kashmir “goes to the heart of Indian federalism”.

The NC petition said, “National integration is best served by a pluralistic federal model. Under this model, one size need not always fit all.”

The petitions said the Presidential Order substituted the concurrence of the Governor for that of the State government to change the very character of a federal unit.

The Presidential Order took cover of a temporary situation, meant to hold the field until the return of the elected government, to accomplish a fundamental, permanent and irreversible alteration of the status of the State of Jammu and Kashmir without the concurrence, consultation or recommendation of the people of that State, acting through their elected representatives, they said.

They argued that the order used Article 370 to demolish Article 370. It amounted to the overnight abrogation of the democratic rights and freedoms guaranteed to the people of Jammu and Kashmir upon its accession.

The basic purpose of Article 370 was to facilitate the extension of constitutional provisions to the State in an incremental and orderly manner, based upon the needs and requirements, without dismantling the State Constitution.

The August 5 order, by replacing the recommendation of the ‘Constituent Assembly’ with that of the ‘Legislative Assembly’ in order to alter the terms of Article 370, assumed that the Legislative Assembly of the State of Jammu and Kashmir had a power that its own Constitution, under Article 147, denied to it. Thus, the August 5 order was ineffective, the petitions said.

India News

12 Maoists killed, 3 security personnel lose lives in major anti-Naxal operation in Chhattisgarh

A major anti-Naxal operation in Chhattisgarh’s West Bastar region resulted in the killing of 12 Maoists, while three DRG personnel lost their lives amid intense gunfire.

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Security forces have intensified their combing operations in the dense West Bastar forests after a fierce encounter left 12 Maoists dead and claimed the lives of three DRG personnel.

A coordinated offensive involving teams of DRG Bijapur-Dantewada, STF, CRPF and CoBRA unfolded deep inside Maoist-dominated terrain early Wednesday. According to Bijapur SP Dr Jitendra Yadav, the forces came under sustained Naxal gunfire around 9 am, triggering a prolonged encounter.

By afternoon, the bodies of 12 Maoist cadres had been recovered, while weapons seized from the area included SLR rifles, INSAS rifles, .303 rifles and other ammunition. Bastar Range IG Sundarraj P confirmed that identification of the deceased Maoists is still underway.

Three DRG personnel killed, two injured

The operation came at a grave cost, with three DRG personnel — Head Constable Monu Waddi, Constable Dukaru Gonde and Jawan Ramesh Sodi — losing their lives. Two others sustained injuries but are reported to be out of danger after receiving medical care.

Chief Minister Vishnu Deo Sai paid tribute to the fallen personnel and lauded the forces, stating that the action reflects a clear weakening of Maoist networks in the region. He said arrangements for treatment of the injured have been ensured and reiterated the government’s commitment to ending Maoist violence.

Forces strengthen search and area sealed

SP Yadav said additional reinforcements have arrived and the encounter zone has been fully cordoned off for intensified operations. Continuous combing is underway to locate remaining Maoist cadres.

Chhattisgarh Home Minister Vijay Sharma noted that forces have been consistently making gains in anti-Naxal missions, calling the latest action a significant strike against Maoist groups.

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India News

IndiGo flight cancellations cross 200 as crew shortage and new duty norms hit operations

IndiGo’s operations witnessed major disruption for the second day, with over 200 cancellations and severe delays triggered by crew shortage under new duty norms.

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India’s largest airline, IndiGo, is grappling with widespread disruption across major airports as flight delays and cancellations continue for the second consecutive day. With operations strained and punctuality plunging sharply, thousands of passengers have been left inconvenienced across Delhi, Mumbai, Bengaluru and Hyderabad.

IndiGo’s on-time performance dips sharply

Government data showed the airline’s on-time performance had dropped to 35%, a rare slump for the carrier known for punctuality. IndiGo, which operates more than 2,200 flights daily, saw over 1,400 flights delayed on Tuesday, followed by around 200 cancellations by Wednesday afternoon.

Mumbai Airport issued an advisory alerting passengers to check their flight status, citing airline-related operational issues impacting departures and arrivals.

New duty norms trigger severe crew shortage

A major factor behind the disruptions is the implementation of revised Flight Duty Time Limitation (FDTL) rules last month. The updated norms mandate longer rest hours and more humane rosters for pilots and cabin crew. Sources indicated many flights were grounded over the past 48 hours as crew availability dipped sharply.

IndiGo acknowledged a “multitude of unforeseen operational challenges” including technology glitches, winter schedule adjustments, weather-related issues and the new rostering norms. The airline said it has begun calibrated schedule adjustments for the next 48 hours to restore normalcy.

FDTL rules cap crew flying to eight hours a day and mandate a minimum rest period of 10 hours within a 24-hour window, with rest time amounting to twice the flight duration.

Airports across India see cancellations

The ripple effect of IndiGo’s disruptions has been felt nationwide:

  • Hyderabad’s RGIA reported 33 cancellations, leading to long queues and disrupted travel plans.
  • Bengaluru Airport saw 42 cancellations, including 22 arrivals and 20 departures, impacting routes to Delhi, Mumbai, Chennai, Goa and Kolkata.
  • Delhi Airport also saw congestion as a slowdown in the Amadeus system, used for check-ins and reservations, added to delays.

Passengers vent frustration

Several passengers took to social media to share their ordeal.
One traveller stranded in Hyderabad since early morning said they missed an important meeting due to continuous delays. Another flyer complained their Udaipur-bound flight was repeatedly delayed, calling the experience “a joke”.

IndiGo issues apology, offers rebooking

IndiGo said it is offering alternate travel options or refunds to affected travellers and urged passengers to check their flight status before leaving for the airport. The airline reiterated its commitment to stabilising operations “as quickly as possible”.

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Centre withdraws order on mandatory Sanchar Saathi pre-installation after protests

The government has withdrawn its order making the Sanchar Saathi app mandatory on smartphones, following two days of intense criticism from opposition leaders and civil rights groups over privacy concerns.

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sanchar sathi app logo

The Centre has reversed its directive that required all smartphone manufacturers to pre-install the Sanchar Saathi cybersecurity app, following backlash from opposition leaders, civil rights groups and users who raised concerns over privacy and potential misuse.

Government cites rising downloads, public feedback

According to the government, the order was rolled back as user downloads had surged — with over six lakh installations within 24 hours and 1.4 crore total users. Officials said the mandate was originally intended to push wider adoption, but public feedback prompted a re-evaluation.

The official statement reiterated Communications Minister Jyotiraditya Scindia’s earlier assurance in Parliament that the app is deletable and does not enable snooping. The minister emphasised that in a democracy, every user has the right to remove applications they do not wish to use.

Opposition slams move, flags privacy concerns

Several opposition leaders criticised the initial directive, claiming it risked turning the app into a surveillance tool, echoing earlier privacy controversies. Priyanka Gandhi Vadra called the decision “ridiculous”, while Karti Chidambaram compared the mandate to practices in authoritarian countries. Leaders from other parties also raised objections, describing it as a move that could compromise personal data.

What the Sanchar Saathi app offers

Sanchar Saathi, developed by the Department of Telecommunications, is designed to help users secure their digital identities, report suspicious activity and access cyber safety awareness material. It is available both as a mobile app and a web portal. The government maintains the app has no function beyond safeguarding users from cyber threats.

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