Litigation News

"Kashmir has been a troubled area... it is time for all wounds to be healed and look to the future", Supreme Court

The Supreme Court also expressed hope that the "government will consider how to bring complete normalcy at the earliest".

Shruti Mahajan

Close to the heels of one year anniversary of the move to revoke Jammu & Kashmir's special status, the Supreme Court today said that the time has now come for "all wounds to be healed and to look towards the future" for the people of the region.

Kashmir has been a troubled area. Nature has been very kind to the place. It is the human race which has been unkind.
A three-Judge Bench of the Supreme Court said today

The Court's statement finds a place in its order passed in a case concerning the prolonged detention of Jammu & Kashmir Bar Association's President, Mian Abdul Qayoom. While a middle ground was arrived at in the case leading to the closing of the matter by the Court, the Bench of Justices Sanjay Kishan Kaul, Ajay Rastogi and Aniruddha Bose expressed its hope for normalcy to return to the region.

Qayoom had been in detention since August last year when the then State of Jammu and Kashmir was stripped of its special status and bifurcated into two union territories. He had challenged his detention under PSA which was upheld by the Jammu & Kashmir High Court citing his separatist ideologies.

This order of the High Court was assailed before the Supreme Court but the Court was informed that Qayoom's detention would not be extended and on Court's suggestion, a decision was taken by the authorities to release him on bail a few days before his period of detention lapses.

In the backdrop of these "constructive steps" taken by the government, the Court agreed to close the case without having to delve into the merits of it and in the order dictated by Justice Sanjay Kishan Kaul, said,

"It is time for all wounds to be healed and look to the future within the domain of our country... Hope is something which creates the future and we are hopeful."
Supreme Court

Since Qayoom's secessionist ideology, which was cited as being against national interest by Solicitor General Tushar Mehta at an earlier instance, was one of the primary reasons for the High Court to uphold his detention, the Supreme Court expressed its hope that Qayoom will hereon adopt a "constructive approach" to the future.

This hope of the country's top Court is also couple with its hope that the "Government will consider how to bring complete normalcy at the earliest."

With the government's acceptance of Court's suggestion to release Qayoom on bail with certain conditions, the Supreme Court was not required to examine the merits of his petition which assailed the High Court's order. The Court made a note of the same in its order and said,

"The result of the aforesaid is that we are not called upon to examine the legality and validity of the impugned judgments and we leave it at that."

This effectively results in the High Court's order against Qayoom sustaining wherein his detention under the PSA was upheld based on FIRs registered against him as far back as in 2008 and 2010.

The Division Bench of the High Court had observed that alleged secessionist ideology is like a live volcano while upholding Qayoom's detention and this order continues to sustain in light of the Supreme Court closing the case today.

Qayoom was represented by Senior Counsel Dushyant Dave and Advocate Vrinda Grover while the J&K government was represented by Solicitor General Tushar Mehta.

Read Order:

Mian Abdul Qayoom vs UT of J&K (2).pdf
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