New Delhi, Oct 10 :
The Supreme Court on Friday gave four weeks to the central government to file its response on a batch of pleas seeking restoration of statehood to the Union Territory of Jammu and Kashmir.
The matter came up for hearing before a bench led by Chief Justice of India B R Gavai and comprising Justice K Vinod Chandran. Solicitor General Tushar Mehta, representing the central government, contended that elections to the Jammu and Kashmir assembly were held peacefully and an elected government was put in place.
Mehta said that during the last six years, there has been substantial progress in Jammu and Kashmir; however submitted that certain incidents in the recent past, including the Pahalgam attack, have taken place, and all the incidents will have to be taken into consideration before taking a final call on the restoration of statehood.
It was contended before the bench that both the state government and the Union of India are in consultation on this matter. Mehta sought more time to respond to the prayers made by the petitioners. The apex court granted four weeks’ time to the Centre to respond to the submissions made by the petitioners.
The petitioners’ counsel argued that it was noted in the apex court’s order that statehood would be returned after the elections. It was also submitted that the Cabinet of Jammu and Kashmir has passed a resolution for the Lieutenant Governor (LG) to take up the matter for the restoration of statehood with the Centre.
The bench was hearing multiple pleas, including those filed by academician Zahoor Ahmad Bhat and socio-political activist Ahmad Malik, pressing for the implementation of the Centre’s assurance to restore statehood to Jammu and Kashmir “at the earliest”.
The counsel, representing the petitioners, referred to an undertaking recorded in the Supreme Court’s December 2023 judgment that upheld the abrogation of Article 370. Mehta said, “This is a sui generis (unique) problem and there are wider concerns involved. Of course, there was a solemn undertaking, but several factors need to be considered…”.
Mehta submitted before the bench that there are some people who are spreading a specific narrative and giving a grim picture of the union territory. The apex court in December 2023, unanimously
SC gives Centre
upheld the revocation of Article 370, which accorded special status to the erstwhile state of Jammu and Kashmir.
The apex court ordered that assembly elections be held in the union territory by September 2024 and its statehood be restored “at the earliest”.
Last year, a plea was filed in the top court seeking directions to the Centre for the restoration of statehood to Jammu and Kashmir within two months. The application was filed by Zahoor Ahmad Bhat, an academician, and Khurshaid Ahmad Malik, a socio-political activist.
“It is submitted that the delay in the restoration of statehood would cause a serious reduction of the democratically elected government in Jammu and Kashmir, causing a grave violation of the idea of federalism, which forms part of the basic structure of the Constitution of India,” the application said.
The plea contended that the assembly elections and the Lok Sabha polls were conducted peacefully in Jammu and Kashmir without any incident of violence, disturbance or any security concerns being reported.
Mehta requested the bench not to take any submissions made before it about unrest among the people of Jammu and Kashmir at face value and stressed that the central government is in consultation with the state government, which is the correct approach. Mehta said all that the petitioners are saying must be taken with a pinch of salt.
Mehta said the Jammu and Kashmir region has progressed and everyone is happy, and emphasised that 99 per cent of the people in the region treat the government of India as their own government.
Senior advocate Gopal Sankaranarayanan, representing one of the petitioners, contended that Pahalgam was under the government’s watch and insisted that the promise regarding the restoration of statehood should be fulfilled. He said statehood was taken away in 2019, and we are now in 2025, and added that enough water has flown under the bridge, and elections have also been held.
Senior advocate Menaka Guruswamy, representing Congress lawmaker Irfan Lone, argued that an assurance was given and nothing was done. A counsel, citing a report, argued that “We have seen suicide deaths have gone up…”. Mehta objected to it and said, “They want to show a grim picture…”.
