NEW DELHI: The Supreme Court on Tuesday refused to pass an interim order on the decision to bifurcate Jammu & Kashmir into two Union Territories and fixed November 14 for commencing hearing on a clutch of petitions challenging the scrapping of the state’s special status under Article 370.

The court, however, said it will thoroughly examine the Centre’s decision. Even as it turned down the plea to ensure status quo (the division comes into effect on October 31), a five-judge Constitution bench of Justices N V Ramana, S K Kaul, R Subhash Reddy, B R Gavai and Surya Kant, said: “If the petitions are allowed, can’t the clock be put back?”

The bench made it clear that it will ask the Centre to place all documents before it pertaining to its decision to scrap the special status to J&K while granting four weeks to the Centre and J&K administration to file their responses to the petitions. The bench said that a “reasonable time” is needed to file the affidavits. It granted one week thereafter to the petitioners to file their counter-affidavit.

The SC also said the petitioners should consider approaching the J&K high court.

During heated exchanges which saw the J&K administration questioning the motive behind the petitions against restrictions imposed in the state and the petitioners reminding the apex court about its judgment in the ADM Jabalpur case, the court said, “There has to be a balance between personal liberty of a person and national security.” The 1975 ADM Jabalpur case refers to the controversial ruling of the SC during the Emergency that curtailed the right to personal liberties.

The SC also said the petitioners should consider approaching the J&K high court. “The high court is in better position to monitor the case on restrictions. Why should all cases come to the Supreme Court. The HC is also a constitutional court and if you are not satisfied, then you can come to the SC,” the bench said. But senior advocate Raju Ramachandran , appearing for CPM leader SitaramYechuri and one other, insisted that the apex court should hear the case.

As proceedings saw lawyers shouting at each other, the bench warned them to maintain decorum. It all started when senior advocate Meenaxi Arora, appearing for two petitioners, pleaded the bench to step in to protect the rights of people in J&K. Solicitor General Tushar Mehta said the petitioners in the case are “not espousing the case of national interest but something else”.

Referring to the 2016 lockdown in Kashmir Valley in the aftermath of the killing of Hizbul terrorist Burhan Wani, he said, “Where were these people when there was a complete lockdown for three months.”

Mehta told the court that normalcy is being restored in J&K and people are allowed to move freely during day time. He said landline phones had been restored and all basic facilities like healthcare and education are being provided. He, however, said internet connection and mobile phones cannot be restored for their potential to be misused to circulate provocative messages and fake propaganda.

“It is to the credit of the government that these measures have succeeded in full and not a single bullet has been fired till date and there has not been any loss of life on account of any police firing. I state and submit that the restrictions are only temporary in character, as the following facts will show that step by step and stage by stage there has been a relaxation in the restrictions based upon the evaluation of the situation in each area,” the government said.

It said restrictions under Section 144 of J&K Criminal Procedure Code had been withdrawn or relaxed in all police stations in Kashmir, Jammu and Ladakh. In an affidavit filed in the court, the government said around 16.54 lakh patients have been attended in OPD after August 5 and doctors have performed more than 15,000 major and 65,000 minor surgeries. It said that over nine lakh LPG cylinders have been delivered to consumers and around eight lakh quintals of ration have been distributed.

