The Supreme Court on Thursday asked the Centre to respond to a plea demanding the restoration of statehood to Jammu and Kashmir, reminding the government that “ground realities” cannot be overlooked, including the recent Pahalgam incident.
“You also have to take into consideration the ground realities… you cannot ignore what has happened in Pahalgam,” Chief Justice of India, heading a bench with Justice K Vinod Chandran, told the counsel seeking an early hearing.
The plea, filed by academician Zahoor Ahmad Bhat and socio-political activist Ahmad Malik, was listed for hearing after eight weeks.
Centre Seeks Dismissal Of Plea
Representing the Union government, Solicitor General Tushar Mehta urged the court to dismiss the petition, pointing out that similar pleas had previously been rejected with costs.
“Elections are held… my lords are aware of the peculiar position emerging from this part of the country, and there are several considerations which go into decision-making,” Mehta said.
Petitioners Cite Assurances Given In 2023
Senior advocate Gopal Sankaranarayanan, appearing for Bhat, argued that it has been 21 months since the Supreme Court’s December 11, 2023 verdict on the abrogation of Article 370, and there has been no progress on restoring statehood.
He reminded the court that the earlier bench had refrained from setting a timeline because the Solicitor General had assured that statehood would be restored.
“The bench merely directed that restoration should happen at the earliest, but no deadline was fixed,” he said.
December 2023 Verdict & Aftermath
In its unanimous 2023 ruling, a five-judge bench upheld the revocation of Article 370, which granted special status to Jammu and Kashmir. The court ordered assembly elections by September 2024 and restoration of statehood “at the earliest.”
Bhat’s current plea argues that continued delay undermines democratic representation and federalism, both fundamental to the Constitution.
The petition highlights that both Lok Sabha and assembly elections were held peacefully, without reports of violence or security threats.
“Therefore, there is no impediment of security concerns, violence, or disturbances that would hinder the restoration of statehood,” it states.
It warns that prolonged Union Territory status—now nearing five years—has hurt development and curtailed the democratic rights of citizens.
The apex court had held that Article 370 was always a temporary provision, incorporated in 1949, and could be revoked by the President in the absence of a constituent assembly, which ceased to exist in 1957.
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