'Can't ignore Pahalgam': SC on plea to restore J&K statehood
What's the story
The Supreme Court, while hearing a plea seeking immediate restoration of statehood for Jammu and Kashmir (J&K), stressed the importance of considering ground realities in J&K before making any decisions. Pointing out the recent terrorist attack in Pahalgam, the bench, headed by Chief Justice of India BR Gavai and comprising Justice K Vinod Chandran, said, "You can't ignore what happened in Pahalgam."
Argument
'Don't know why this issue is this agitated'
Solicitor General Tushar Mehta, appearing for the Central government, opposed the plea, saying, "We assured statehood after elections. There is a peculiar position of this part of our country. I don't know why this issue is this agitated now." Gopal Sankaranarayanan, appearing for the petitioners, then argued that in its 2023 decision, the court trusted the central government's assurance that J&K will be granted statehood. As a result, the bench decided not to rule on the subject of statehood.
Legal arguments
Petitioners argue that federalism is undermined
"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 then adjourned proceedings on this matter for eight weeks, giving the central government time to respond to these concerns. The court was hearing petitions filed by Zahoor Ahmad Bhat and Khurshid Ahmad Malik, who have argued that holding assembly elections in J&K before restoring statehood undermines federalism.
Past verdict
Supreme Court's ruling on Article 370 abrogation
They contend that keeping J&K as a Union Territory for nearly five years has weakened its democratic setup and hurt citizens' rights. The plea was filed last year during the assembly elections. In December 2023, the Supreme Court had upheld the abrogation of Article 370, which granted special status to J&K. This ruling had paved the way for bifurcating J&K into two Union Territories: Jammu & Kashmir and Ladakh.