Cannot ignore Pahalgam: Supreme Court on plea to restore Jammu and Kashmir Statehood

The Supreme Court on Thursday took a prima facie unfavourable view of the plea seeking restoration of Statehood for Jammu and Kashmir (J&K) [Zahoor Ahmad Bhat And Anr. Versus Union Of India].

A Bench of Chief Justice of India (CJI) BR Gavai and Justice K Vinod Chandran remarked that the situation in J&K cannot be overlooked and highlighted the recent terrorist attack in Pahalgam.

"You can’t ignore what happened in Pahalgam," the Court told Senior Advocate Gopal Sankaranarayanan, appearing for the petitioners.

This was after Solicitor General Tushar Mehta, appearing for the Central government, opposed the plea.

"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," the SG said.

Sankaranarayanan pointed out that the Court in its 2023 judgment upholding the abrogation of Article 370, had trusted the word of the Central government that Statehood will be granted to J&K. Hence, that Bench had refrained from deciding the issue of Statehood.

"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…," Sankaranarayanan said.

The Court today eventually adjourned the matter for eight week to enable the SG to seek instructions.

The Court was hearing a petition filed by college teacher Zahoor Ahmed Bhat and activist Khurshid Ahmad Malik, contending that the continued non-restoration of Statehood to J&K was adversely impacting the rights of citizens.

Jammu and Kashmir was bifurcated into the Union Territories of Jammu and Kashmir and Ladakh following the abrogation of Article 370 of the Constitution.

According to the petitioners, holding Assembly elections in Jammu and Kashmir before restoring statehood would undermine the principle of federalism, which forms part of the basic structure of the Constitution. The application was filed during the Assembly elections held in the region last year.

A National Conference government, supported by the Congress and certain independent legislators, is currently in power in the Union Territory.

In May 2024, the top court dismissed review petitions challenging its December 2023 decision to uphold the abrogation of Article 370.

The Constitution Bench in 2023 refused to decide on the validity of a 2019 law that paved the way for the bifurcation of Jammu & Kashmir into two Union Territories (UT) following the abrogation of Article 370.

The Court had then recorded Solicitor General (SG) of India Tushar Mehta's statement that J&K's status as a UT is temporary and that Statehood will be restored to the region.

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