Plea In SC For Restoration Of Jammu & Kashmir Statehood

An application has been submitted to the Supreme Court, requesting the restoration of Jammu and Kashmir’s statehood within 2 months.

The petition, filed by college teacher Zahoor Ahmed Bhat and activist Khurshaid Ahmad Malik, emphasizes the urgency of this restoration, arguing that appropriate directions must be issued in a timely manner, as previously assured by the Union of India.

The application points out that, despite assurances from the Solicitor General regarding the restoration of statehood, no action has been taken in the past ten months since the Supreme Court upheld the abrogation of Article 370, which granted special status to Jammu and Kashmir.

The petition was filed through advocate Soyaib Qureshi in the context of the case concerning the abrogation.

The applicants express their concern as “conscious citizens” of Jammu and Kashmir, highlighting that the lack of steps towards restoring statehood significantly impacts the rights of its inhabitants and violates the basic structure of federalism in India.

They stress the need for immediate directions to the Union of India for restoring statehood within a two-month timeframe.

The application warns that further delays in restoring statehood could severely harm the country’s federal structure. It also references the recent polls in Jammu and Kashmir, arguing that forming a Legislative Assembly without restoring statehood would undermine the principles of federalism enshrined in the Indian Constitution.

Given the peaceful conduct of the assembly elections, the petition suggests there are no security concerns that would prevent the Supreme Court from issuing a timely direction to restore statehood.

The petition further asserts that the delay in restoring statehood diminishes the prospect of a democratically elected government in Jammu and Kashmir, which poses a significant threat to the idea of federalism central to the Constitution.

The transformation of Jammu and Kashmir into 2 Union Territories is viewed as a reduction in the democratic governance of the region, which would be rectified once the Legislative Assembly elections are concluded.

Additionally, the application argues that failure to restore statehood in a timely manner would result in severe prejudice to the citizens of Jammu and Kashmir, infringing on their fundamental rights and compromising the region’s democratic structure and territorial integrity.

For Jammu and Kashmir, historically characterized by its federal relationship with the Union of India, restoring statehood is deemed crucial for allowing its citizens to enjoy autonomy and contribute to the broader development of the country.

The application underscores the importance of this status to maintain the region’s unique identity and ensure its effective participation in national progress.