SC to Centre: Consider Ground Situation Before Restoring J&K Statehood

Diplomat Correspondent

New Delhi, (DD): The Supreme Court on Thursday heard an application seeking directions for the restoration of Jammu and Kashmir’s statehood, with Senior Advocate Gopal Sankaranarayanan appearing for the petitioners.

Sankaranarayanan told the court that it has been 21 months since the judgment directing the Election Commission of India to hold J&K Assembly elections by September 30 and for statehood to be restored “as soon as possible.” He argued that despite earlier assurances, no substantial progress has been made.

Counsel representing the former Chief Secretary of J&K supported the plea. Sankaranarayanan further urged the court to list all related matters on the same day, adding that if any clarification is required, a special bench should be constituted.

Solicitor General Tushar Mehta opposed the plea, contending that the miscellaneous application was “not maintainable,” noting that costs had been imposed in similar matters earlier. He stressed that “peculiar conditions emerge in this part of the country” during elections and requested that the matter be heard after eight weeks.

Chief Justice of India B R Gavai, heading the bench, observed, “Ground situation must be considered; you cannot ignore incidents like Pahalgam.” The Solicitor General maintained that steps toward restoring statehood are underway but emphasised the complexity of the ground situation.

A bench comprising CJI B R Gavai and Justice K Vinod Chandran took note of the Centre’s submission that “several considerations go into the decision-making process.” The court listed the plea—filed by academician Zahoor Ahmad Bhat and socio-political activist Ahmad Malik—for hearing after eight weeks.

“You cannot ignore what happened in Pahalgam… It is for Parliament and the Executive to take a decision,” the CJI remarked, responding to Sankaranarayanan’s request for an early hearing(DD)

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