'Consider ground realities': SC hears plea for restoration of J-K statehood

United News of India

2 days ago

New Delhi, Aug 14 (UNI) The Supreme Court today, while hearing a plea seeking directions for the restoration of Jammu and Kashmir's statehood, underlined the need to consider 'ground realities' in the region, citing incidents such as the recent Pahalgam terrorist attack.
A Bench comprising Chief Justice of India BR Gavai and Justice K Vinod Chandran was hearing an application by college teacher Zahoor Ahmed Bhat, represented by Senior Advocate Gopal Sankarnarayanan, urging the Union Government to fulfil its assurance of restoring statehood.
'It has been 21 months since the judgment in the Article 370 case, and there has been no movement, despite the Union's statement before this Court that statehood would be implemented,' Sankarnarayanan told the Bench.
The application, filed as a miscellaneous plea in the disposed matter in regarding Article 370 of the Constitution, arises from the Court's 2023 verdict upholding the abrogation of Jammu and Kashmir's special status.
In that ruling, the Bench had refrained from examining the constitutionality of the Jammu and Kashmir Reorganisation Act, 2019 which bifurcated the erstwhile state into the Union Territories of J-K and Ladakh in view of Solicitor General Tushar Mehta's assurance that statehood would be restored 'at the earliest.'
The judgment had directed the Election Commission to conduct Assembly polls in J&K by September 30, 2024, and restore statehood 'as soon as possible,' but without fixing a binding timeline.
Senior Advocate Sankarnarayanan pointed out that the Court's own words in the Article 370 verdict contemplated restoration post-elections, yet no tangible step had been taken.
During today's hearing, SG Tushar Mehta opposed the plea, arguing it was 'not maintainable' and noting that in the past, the Court had imposed costs on similar petitions.
'Elections are held in a unique context in this part of the country, and several considerations inform decision-making,' he said. Another counsel stressed that 'the reality of the assurance is also important' and urged practical implementation.
CJI Gavai interjected to note, 'You also have to take into consideration the ground realities; you cannot ignore what has happened in Pahalgam,' referencing the recent terror attack.
Senior Advocate Maneka Guruswamy, appearing for applicant Irfan Lone, supported the call for restoration.
Other counsels suggested that a separate Bench be constituted to hear all connected pleas together.
The matter has now been listed after eight weeks, with the Court directing the Union to file its response before the next date.
'Let them file the response; immediately after eight weeks,' the CJI said.
The applicants, including activist Khurshaid Ahmad Malik, argue that the Union's failure to restore statehood in a time-bound manner undermines the basic feature of federalism.
They contend that peaceful Assembly elections have removed any plausible impediment such as security concerns or unrest.
'Therefore, there is no impediment of security concerns, violence, or other disturbances which would hinder or prevent the grant/restoration of statehood to Jammu & Kashmir as had been assured,' their plea states.
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