The Supreme Court on Thursday issued notice to the Centre on a plea for restoration of statehood to Jammu and Kashmir, but observed that the killing of 26 tourists in Pahalgam could not be ignored and that ground realities must be taken into account.
“You also have to take into consideration the ground realities. You cannot ignore what has happened in the Pahalgam terror attack,” Chief Justice B.R. Gavai told senior advocates Gopal Sankaranarayanan and Maneka Guruswamy, representing the petitioners.
Solicitor-general Tushar Mehta questioned the maintainability of the petitions on the ground that the decision-making process in such matters involved sensitive law-and-order issues and other considerations. He sought dismissal of
the petitions.
The bench, which included Justice K. Vinod Chandran, sought a formal response from the Centre and posted the matter for consideration after eight weeks.
The two petitions have been filed by Zahoor Ahmad Bhat and Irfan Hafiz Lone.
Bhat cited the five-judge constitution bench judgment of December 11, 2023, by which the Supreme Court not only upheld the creation of the Union Territory of Ladakh, but also recorded a statement from solicitor-general Tushar Mehta that statehood would be restored to Jammu and Kashmir and that its status as a Union Territory
was temporary.
“…The solicitor-general submitted that statehood will be restored to Jammu and Kashmir and that its status as a Union Territory is temporary. The solicitor-general submitted that the status of the Union Territory of Ladakh will not be affected by the restoration of statehood to Jammu and Kashmir,” Bhat said.
According to the application, even 18 months after the order, no steps have been taken to restore statehood, which is gravely affecting the rights of its residents and also violating the basic structure of federalism. The applicants also said the voter turnout in the recent Assembly elections was exemplary, suggesting that there was no impediment in restoring statehood.