The Supreme Court on Thursday said that “incidents like Pahalgam” cannot be ignored while considering restoration of statehood to Jammu and Kashmir. The apex court asserted that the “ground situation” in the Union Territory must be weighed before restoring its full statehood.
The court issued a notice to the Central government, directing it to respond, within eight weeks, regarding the petition for restoration of Jammu and Kashmir's statehood.
The petition was filed last year by academic Zahoor Ahmad Bhat and socio-political activist Khurshaid Ahmad Malik. The petitioners urged the court to direct the Centre to restore statehood within two-months, reported PTI.
"It is submitted that any further delay in restoring statehood would result in a serious diminishment of the democratically elected government in Jammu and Kashmir, constituting a grave violation of the principles of federalism, which form part of the basic structure of the Constitution of India," the petition said.
It also noted that assembly elections and the Lok Sabha polls in Jammu and Kashmir were conducted peacefully, "without any incident of violence, disturbance or any security concerns being reported." The plea added, "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 petitioners warned that if their statehood was not restored in some shape or form, they would only have an inferior form of elected democratic governance, especially in view of the results of the legislative assembly declared on October 8, 2024.
They added that while the Supreme Court had previously issued a direction for the restoration to take place, “at the earliest and as soon as possible,” the Centre has given no indications as to when it plans to restore statehood.
"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 said.
In its December 11, 2023 verdict, the Supreme Court upheld the revocation of Article 370, which granted special status to Jammu and Kashmir, while directing that assembly elections be held by September 2024 and statehood be restored "at the earliest."
The Court had categorised Article 370 as a temporary measure and had also stated that, in the absence of the erstwhile state’s Constituent Assembly (which had ceased to exist in 1957), the President of India could repeal it.
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