sc-lists-j-k-statehood-pleas-hearing-on-aug-8

The Supreme Court is set to hear pleas seeking direction to the Union Government for restoring the much-anticipated statehood of the Union Territory of Jammu and Kashmir.

 

As per senior advocate Gopal Sankaranarayanan, the matter has been listed for August 8, and he has requested that it be taken up the same day. Chief Justice BR Gavai has accepted the request.

 

Jammu and Kashmir is marking the sixth anniversary of the Abrogation or de-operationalisation, of Article 370 and its clause 35A today.

 

The application has been filed in response to the Supreme Court’s verdict, in which the court upheld the decision of the Central Government to abrogate Article 370 from the Constitution on August 5, 2019.

 

However, the court in its judgement did not mention the constitutionality of the Central Government's decision to downgrade the status of Jammu and Kashmir to a Union Territory.

 

Despite assurances given by Prime Minister Narendra Modi and Home Minister Amit Shah in Parliament, apart from the separate promises made by the Solicitor General Tushar Mehta in the Supreme Court, nothing has been done about restoring the statehood even after 6 years.

 

Even the Supreme Court merely ruled, “Restoration of statehood shall take place at the earliest and as soon as possible,” without mentioning a specific timeline, as happened in the case of the assembly elections.”

 

The applicants, college teacher Zahoor Ahmad Bhat and the social activist Khurshid Ahmad Malik, said that despite several assurances, the Union Government has failed to address the statehood issue, as the matter remains unresolved to date.

 

The applicants contended that the non-restoration of the statehood violates the basic principles of federalism. The peaceful assembly elections were a mark of the fact that the people wanted and demanded the restoration of statehood.

 

“Therefore, there does not impede security concerns, violence or any other disturbances which would hinder or prevent the grant/restoration of the status of Statehood to Jammu and Kashmir as had been assured by the Union of India in the present proceedings,” the application further said.