Vikrant Shekhawat : Aug 08, 2023, 05:55 PM
Article 370: The petitions challenging the decision to remove Article 370 from Jammu and Kashmir were heard again in the Supreme Court today. During the hearing, Kapil Sibal, counsel for the petitioner Akbar Lone, made such an argument regarding former CJI Ranjan Gogoi, after hearing which the Chief Justice of India, Justice DY Chandrachud, interrupted him and gave him some instructions.CJI DY Chandrachud made this comment during the hearing on the petitions filed against the Central Government's decision to remove Article-370, when the petitioner Akbar Lone's lawyer Kapil Sibal referred to the statement of former CJI Gogoi given in Parliament. Senior advocate Kapil Sibal told a five-judge constitution bench during the hearing that as now a respected colleague of yours has said that even the basic structure principle is questionable.When referring to a colleague, mention an existing colleague: CJICJI DY Chandrachud probably found this argument of Sibal strange amidst the arguments related to the present case. Then CJI DY Chandrachud said that if you mention a colleague then you have to mention the existing colleague. Because once they are no longer judges, they become ideas, not binding orders. In response, Sibal said that I am surprised, of course it is not binding.Freedom of speech and expression to allHearing the discussion between Sibal and the CJI, Solicitor General Tushar Mehta said that the Parliament does not discuss what happens in the court and the court does not do so on what happens in the Parliament. Everyone has freedom of speech and expression.