Taking an unfavourable view of the plea for restoring the region's statehood, CJI Gavai said, "You can’t ignore what happened in Pahalgam." The court has adjourned the matter for eight weeks.
The apex court was hearing a petition filed by college teacher Zahoor Ahmed Bhat and activist Khurshid Ahmad Malik, arguing that the ongoing delay in restoring statehood to Jammu and Kashmir was negatively affecting the rights of its citizens.
What did the petitioner say?
Senior Advocate Gopal Sankaranarayanan, appearing for the petitioners, highlighted that the court in 2023 had put its trust in the central government that statehood in J&K would be restored after elections in the region, as it upheld the abrogation of Article 370.
"The judgment had trusted the government to grant Statehood. Restoration of Statehood was to be done after elections (in J&K). It has been 21 months since that judgment," he told the bench.
On December 11, 2023, a Constitution bench of the Supreme Court upheld the abrogation of Article 370 but directed the central government to restore Jammu and Kashmir's statehood "at the earliest". The Centre informed the Court that "statehood will be restored to Jammu and Kashmir and that its status as a Union territory is temporary".
What has the govt said?
Meanwhile, 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."
In August 2019, Jammu and Kashmir was stripped of its statehood and special status under Article 370. Since then, the Centre has consistently assured the people of the region that statehood will be restored "at an appropriate time".
