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Time of India
6 days ago
- Politics
- Time of India
Can't ignore Pahalgam while deciding on J&K statehood: Supreme court
NEW DELHI: Supreme Court on Thursday sought the Centre's response to a petition seeking restoration of statehood to Jammu & Kashmir, but said such a decision could not be taken without considering prevailing gro-und situation and incidents like Pahalgam, where terrorists had killed 26 people in cold blood on April 22. Senior advocate Gopal Sankaranarayanan, appearing for Zahoor Ahmed Bhat, said that the judgment of SC's 5-judge bench led by then CJI and comprising current CJI B R Gavani had on December 11, 2023, upheld the Centre's decision to scrap Article 370 that gave special status to J&K and the bifurcation of the state into two UTs - J&K and Ladakh on the basis of SG Tushar Mehta'a categorical "restoration of statehood shall take place at the earliest and as soon as possible" assurance. After more than one and half years, statehood had not been restored, Sankaranarayan said. Mehta said elections to the assembly of J&K had been held, as was promised in 2023 to the apex court. "SC is aware of the peculiar situation prevailing in J&K. Several aspects have to be taken into consideration before a decision on granting statehood to J&K can be taken. This is not the time (for petitioners) to muddy the waters," he said. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Get Premium SCO plots at an offer price till 31st August Microtek Grandfront, Gurugram Undo The CJI Gavai-led bench agreed with the SG. "One has to take into consideration the ground realities prevailing in J&K. The Pahalgam incident cannot be ignored," the bench said, and asked the Centre to file its response to the statehood demand in eight weeks. In the Dec 2023 judgment, the five-judge bench had recorded: "The solicitor general stated that the statehood of Jammu & Kashmir will be restored (except for the carving out of Union Territory of Ladakh). In view of the statement we do not find it necessary to determine whether the reorganisation of the State of Jammu & Kashmir into two Union Territories of Ladakh and Jammu & Kashmir is permissible under Article 3 of the Constitution. " "However, we uphold the validity of the decision to carve out the Union Territory of Ladakh in view of Article 3(a) read with Explanation I which permits forming a Union Territory by separation of a territory from any state. We direct that steps shall be taken by Election Commission of India to conduct elections to the legislative assembly of Jammu & Kashmir constituted under Section 14 of the Reorganisation Act by 30 September 2024. Restoration of statehood shall take place at the earliest and as soon as possible," the five-judge bench had said.
News18
7 days ago
- Politics
- News18
CJI-Led Supreme Court Bench To Hear Pleas Today On Restoring J&K's Statehood
Last Updated: The petitioners note that both the Lok Sabha elections and recent assembly polls were conducted peacefully, indicating that security concerns should no longer hinder the process The Supreme Court is set to hear petitions on Thursday, seeking directives for the Centre to restore statehood to Jammu and Kashmir. This follows the apex court's unanimous decision in December 2023, which upheld the abrogation of Article 370 sections while instructing that assembly elections and statehood restoration occur 'at the earliest". The petitions have been submitted by Jammu and Kashmir residents, college teacher Zahoor Ahmed Bhat, and activist Khurshaid Ahmad Malik. Both were involved in the original Article 370 abrogation case and argue that the delay in restoring statehood violates the fundamental structure of federalism and adversely affects the democratic rights of the region's citizens. Their plea underscores that despite assurances made by Solicitor General Tushar Mehta during previous hearings, no definitive steps have been taken to outline a timeline for statehood restoration. The petitioners note that both the Lok Sabha elections and recent assembly elections were conducted peacefully, indicating that security concerns should no longer hinder the process. They contend that converting a state into a union territory represents a 'retrogression of democratic rights" and that the failure to restore statehood diminishes the significance of the recently held legislative assembly elections. A two-judge bench, led by Chief Justice of India BR Gavai and Justice K Vinod Chandran, is expected to hear the pleas. This hearing will refocus attention on the Centre's commitment and the constitutional implications of Jammu and Kashmir's extended status as a union territory, especially following the peaceful electoral exercises. view comments First Published: Disclaimer: Comments reflect users' views, not News18's. Please keep discussions respectful and constructive. Abusive, defamatory, or illegal comments will be removed. News18 may disable any comment at its discretion. By posting, you agree to our Terms of Use and Privacy Policy.
New Indian Express
13-08-2025
- Politics
- New Indian Express
SC to hear plea for restoration of J&K statehood on August 14
NEW DELHI: The Supreme Court is scheduled to hear, on Thursday, 14 August, an application filed by two residents of Jammu and Kashmir, college teacher Zahoor Ahmed Bhat and activist Khurshaid Ahmad Malik, seeking directions to the Centre to restore the statehood of the Union Territory. According to the cause list of the apex court, a two-judge Bench led by Chief Justice of India B R Gavai and Justice K Vinod Chandran is expected to hear the pleas filed by Bhat and Malik, who were also petitioners in the original Article 370 abrogation matter, seeking the restoration of Jammu and Kashmir's statehood. The petitioners submitted that the failure to restore the statehood of Jammu and Kashmir was gravely affecting the rights of its citizens. Earlier, during a hearing, Solicitor General Tushar Mehta, appearing for the Centre, contended that Jammu and Kashmir's status as a Union Territory is temporary and that statehood will be restored to the region, except for the Union Territory of Ladakh. The application has urged the apex court to pass appropriate directions at the earliest and in a time-bound manner, as the Union had undertaken earlier to do so.
Indian Express
05-08-2025
- Politics
- Indian Express
Supreme Court to hear plea to restore statehood of Jammu and Kashmir on August 8
The Supreme Court will hear an application seeking directions to the Centre to restore the statehood of the Union Territory of Jammu and Kashmir Friday, August 8. Senior Advocate Gopal Sankaranayranan, appearing for the applicants Zahoor Ahmed Bhat and activist Khurshaid Ahmad Malik, requested Chief Justice of India B R Gavai that the matter not be deleted from that day's cause list. CJI Gavai agreed to the request. The application said that even after the SC ruling upholding the abrogation of Article 370, which conferred special status on J-K, no steps had been taken to restore statehood and that this violates federalism. 'The non-restoration of the status of statehood of Jammu and Kashmir in a time-bound manner violates the idea of federalism, which forms a part of the basic structure of the Constitution of India,' it said. The application pointed out that the elections to the Union Territory Assembly were held peacefully, showing that there are no security concerns, violence or any other disturbances which would hinder or prevent the restoration of J-K's statehood. On December 11, 2023, a five-judge Constitution Bench had upheld the 2019 move by the Centre to abrogate Article 370, which gave special status to the erstwhile state of Jammu and Kashmir, as constitutionally valid. 'The Solicitor General stated that the statehood of Jammu and Kashmir will be restored (except for the carving out of the Union Territory of Ladakh). In view of the statement, we do not find it necessary to determine whether the reorganisation of the State of Jammu and Kashmir into two Union Territories of Ladakh and Jammu and Kashmir is permissible under Article 3,' said the ruling. Directing that steps shall be taken by the Election Commission of India to conduct elections to the Legislative Assembly of Jammu and Kashmir, constituted under Section 14 of the Reorganisation Act, by 30 September 2024, the ruling also added that 'restoration of statehood shall take place at the earliest and as soon as possible.'
