SRINAGAR: An application has been submitted to the Supreme Court requesting the restoration of Jammu and Kashmir’s statehood within two months. The plea, filed by college teacher Zahoor Ahmed Bhat and activist Khurshaid Ahmad Malik, argues that the failure to restore statehood is significantly impacting the rights of citizens in the Valley.
Citing the recent elections in the Valley, the plea, through Advocate Soyaib Quresi, claims that forming the Legislative Assembly before restoring statehood would contravene the principle of federalism, which is part of the Constitution’s basic structure. The petitioner asserts that since the recent assembly elections were conducted peacefully, there would be “no security concerns” should the Supreme Court direct the restoration of statehood within a specific timeframe.
The petitioners argue that converting Jammu Kashmir into two Union Territories has resulted in a diminished form of elected democratic governance, which will be re-established once the Legislative Assembly results are announced. Bhat emphasises that the Valley has historically maintained a federal relationship with the Union of India. Therefore, restoring statehood is crucial for the residents to enjoy autonomy in their identity and contribute meaningfully to the country’s overall development.
The application, filed as a Miscellaneous Application in the disposed matter “In Re: Article 370 of the Constitution,” pertains to the Supreme Court’s prior upholding of the abrogation of Jammu & Kashmir’s special status. In that ruling, the Court did not consider the constitutionality of the Jammu and Kashmir Reorganization Act 2019, which transformed J&K into a Union Territory, due to assurances from the Solicitor General regarding the restoration of statehood. The Court directed that “Restoration of statehood shall take place at the earliest and as soon as possible,” without specifying a timeline.
The applicants also highlighted that the peaceful conduct of the Assembly elections indicates no obstacles to restoring statehood. “Therefore, there is no impediment of 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 asserts. (Live Law)
