'You cannot ignore what happened in Pahalgam,' CJI observes as SC seeks Centre’s reply on J&K statehood plea

The Supreme Court on Thursday called on the Centre to respond to a petition urging the restoration of statehood to Jammu and Kashmir. A bench comprising Chief Justice of India B R Gavai and Justice K Vinod Chandran scheduled the hearing for eight weeks later.

However, the bench has allowed petitioners to seek an earlier hearing if circumstances require. The court stressed that while it monitors the process, final decisions rest with Parliament and the Executive due to the political and security complexities of the region.

Solicitor General Tushar Mehta, representing the Union, stressed that multiple factors influence the government’s decision-making, while senior advocate Gopal Sankaranarayanan, appearing for petitioner Zahoor Ahmad Bhat, requested the matter be heard sooner, pointing out that nearly two years have passed since the earlier judgment on Article 370.


CJI points to ground realities

The Chief Justice underscored the importance of considering events on the ground, particularly the recent Pahalgam incident.

“Decisions of this nature involve Parliament and the Executive; they cannot be ignored,” he said, addressing Sankaranarayanan’s plea for expedited consideration.

Sankaranarayanan noted that while the earlier verdict directed the restoration of statehood, it did not prescribe a timeline. He added that petitioners had relied on the Union’s assurances that the process would proceed “at the earliest.”

Details of the petition

Filed last year, the plea argues that Jammu and Kashmir’s continued status as a Union Territory has hindered development and affected democratic governance.

It contends that the delay diminishes the scope of a fully elected government and violates the principles of federalism enshrined in the Constitution.

The petition also notes that recent assembly elections and the 2024 Lok Sabha polls in the region were conducted peacefully, without any security issues, signaling that there are no obstacles preventing the restoration of statehood. The plea noted that granting statehood would uphold the democratic rights of citizens and fulfill commitments made by the Union.

SC's 2023 ruling on Article 370

In its December 11, 2023 ruling, the Supreme Court upheld the revocation of Article 370, which had granted special status to Jammu and Kashmir since 1949.

The court clarified that Article 370 was temporary and that the President had the authority to revoke it in the absence of a constituent assembly, whose term ended in 1957.

The verdict also directed the conduct of assembly elections by September 2024 and the restoration of statehood “at the earliest.”

(With PTI inputs)