NEW DELHI: The Indian Supreme Court today sought a response from the BJP-led Indian government on a plea seeking the restoration of statehood to Indian illegally occupied Jammu and Kashmir, while observing that it cannot ignore the ground situations including as to what happened in Pahalgam.
A bench comprising Chief Justice of India (CJI) B R Gavai and Justice K Vinod Chandran also took note of the submissions of Solicitor General Tushar Mehta, representing the Modi govt, that “several considerations” influence the decision-making process. He said, “We assured statehood after elections but there is a peculiar position of this part of the country”.
Senior advocate Gopal Sankaranarayanan, appearing for the applicants, submitted that the Indian government had assured this court during the hearing on validity of dilution of Article 370 on restoration of statehood, it has been 21 months since then.
“You cannot ignore what happened in Pahalgam… It is for Parliament and the Executive to take a decision,” the bench said.
While Gopal Sankaranarayanan sought an expedited hearing, the court listed the plea, filed by Kashmiri academician Zahoor Ahmad Bhat and socio-political activist Khurshaid Ahmad Malik, for hearing after eight weeks.
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The plea, filed in October 2024, follows the Indian SC’s December 11, 2023, five-judge Constitution Bench ruling, which unanimously upheld the constitutional validity of the abrogation of Article 370 and the reorganization of occupied Jammu and Kashmir into two Union Territories — Jammu and Kashmir, and Ladakh. However, the court did not issue a binding directive on statehood, noting only that rRestoration of statehood shall take place at the earliest and as soon as possible”.
The applicants argue that New Delhi has failed to take any steps toward restoring statehood since the judgment and the peaceful conduct of Assembly elections in the territory. They contend that the prolonged delay infringes upon the basic structure of the Constitution, particularly the principle of federalism, and that the situation on the ground is conducive to the restoration of full statehood.
