'Can't Ignore What Happened In Pahalgam': Supreme Court On Plea For Restoration Of J&K Statehood

The Supreme Court on Thursday (14 August) emphasised the importance of factoring in “ground realities” in Jammu and Kashmir while hearing a plea seeking directions to the Union Government’s for restoring the region’s statehood, reported LiveLaw.

A bench led by Chief Justice of India BR Gavai and comprising Justice K Vinod Chandran, remarked that recent incidents, including the Pahalgam terrorist attack, could not be ignored.

The application, filed by college teacher Zahoor Ahmed Bhat through Senior Advocate Gopal Sankarnarayanan as Miscellaneous Application in the disposed of matter In Re: Article 370 proceedings, in which the Court upheld the abrogation of J&K’s special status.

Sankarnarayanan argued, “It has been 21 months since that judgment… there has been no movement partly because, mylords fairly trusted the Union when they made this statement before the Court that they will implement the statehood.”

In its 2023 verdict, the Court refrained from ruling on the constitutionality of the Jammu and Kashmir Reorganisation Act 2019, citing the Solicitor General’s assurance that statehood would be restored, save for Ladakh’s separation.

The bench had directed that the restoration should take place at the earliest and as soon as possible after elections, which the Election Commission was tasked to conduct by 30 September 2024.

Supporting the plea, counsel for the former J&K Chief Secretary indicated plans to file a similar petition.

Solicitor General Tushar Mehta opposed the application, calling it not maintainable and recalling that earlier pleas on the issue had attracted costs.

“Elections are held, my lords are aware of the peculiar position emerging from this part of the country; there are several considerations gone into decision-making,” he stated.

The CJI weighed in to add, "You also have to take into consideration the ground realities; you cannot ignore what has happened in Pahalgam."

Other advocates, including Maneka Guruswamy, pressed for a separate bench to hear all related matters together, while urging practical implementation of the Union’s assurance.

The Court has listed the matter for further hearing in eight weeks, directing the Centre to file its response by then.

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