The Supreme Court on Friday, while hearing pleas seeking direction to restore the statehood of the Union Territory of Jammu and Kashmir, observed that in granting statehood, the ground situation has to be taken into consideration. The apex court sought Centre's response in 8 weeks while hearing the plea.
CJI BR Gavai said, “You cannot ignore what happened in Pahalgam."
Solicitor General Tushar Mehta, appearing for the Central government, said, “We assured statehood after elections. There is a peculiar position of this part of our country. I don’t know why this issue this agitated now. This particular State is not the correct State to muddy the water. I will still seek instructions. 8 weeks may be given."
A bench of Chief Justice of India (CJI) BR Gavai and Justice K Vinod Chandran was hearing an application filed by Zahoor Ahmad Bhat, an academician, and Khurshaid Ahmad Malik, a socio-political activist.
On December 11, 2023, the Supreme Court unanimously upheld the revocation of Article 370, even as it ordered that assembly elections be held in Jammu and Kashmir by September 2024 and its statehood be restored "at the earliest".
"It is submitted that the delay in the restoration of statehood would cause serious reduction of 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 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, it said.
"Therefore, there is no impediment of security concerns, violence or any other disturbances which would hinder or prevent the grant/restoration of the status of statehood to Jammu and Kashmir as had been assured by the Union of India in the present proceedings," the plea said.
The non-restoration of the status of statehood of Jammu and Kashmir, the plea said, would result in a lesser form of elected democratic government to the state, particularly given legislative assembly results were declared on October 8, 2024.
Despite the apex court's directions for the restoration of statehood to Jammu and Kashmir "at the earliest and as soon as possible", no steps have been taken by the Centre to provide any timeline for the implementation of such directions, it claimed.
"Jammu and Kashmir is being operated as a Union Territory for a period of almost five years now, which has caused many impediments and grave losses to the development of Jammu and Kashmir and has affected the democratic rights of its citizens," the plea added.
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