‘Ground Realities Have to Be Considered’: SC Cites Pahalgam Attack While Hearing J&K Statehood Plea
New Delhi: The Supreme Court on Thursday (August 14) said that it was crucial to consider ground realities in Jammu and Kashmir, citing the Pahalgam terror attack, while hearing a plea seeking restoration of statehood in J&K.
"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,” the petitioners said.
The bench comprising Chief Justice of India B.R. Gavai and Justice K. Vinod Chandran said that instances like the Pahalgam terror attack could not be ignored in response to the petitioners’ argument that 21 months had passed since the Article 370 judgement, LiveLaw reported. The Union government had assured the court that J&K’s statehood would be restored.
"It has been 21 months since that judgment(Article 370 case), there has been no movement partly because, my lords fairly trusted the Union when they made this statement before the court that they will implement the statehood,” senior advocate Gopal Sankarnarayanan said on behalf of the petitioner, Zahoor Ahmed Bhat.
Bhatt argued that in the Article 370 judgement, the court, while upholding the abrogation, had observed that statehood be restored as soon as possible after elections are held in J&K.
The court had not deliberated on the constitutionality of the Jammu and Kashmir Reorganisation Act 2019 on the condition of solicitor general Tushar Mehta's assurance that statehood will be restored.
“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.
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; and n. We direct 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. Restoration of statehood shall take place at the earliest and as soon as possible,” the judgement said.
The court, without setting a timeline, had said, "Restoration of statehood shall take place at the earliest and as soon as possible”.
Mehta, while arguing that the current petition is not maintainable, said, “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.”
The petitioners urged the court to create a separate bench that would hear all petitions on the matter together. However, the court has listed the matter after eight weeks. "Let them file the response immediately after 8 weeks,” CJI Gavai said.
This article went live on August fourteenth, two thousand twenty five, at ten minutes past three in the afternoon.The Wire is now on WhatsApp. Follow our channel for sharp analysis and opinions on the latest developments.
