NEW DELHI :
THE Supreme Court would on
Thursday hear a plea for the
restoration of Statehood to
Jammu and Kashmir.
AbenchofChiefJusticeofIndia
BRGavai and Justice K Vinod
Chandran is likely to hear the
matter,according to thecauselist.
On December 11, 2023, the
Supreme Court unanimously
upheld the revocation of Article
370, even as it ordered that
Assembly elections be held in
Jammu and Kashmir by
September 2024 and its
Statehoodberestored“at theearliest”. Last year,aplea was filed
in the top court seeking directions to theCentre for therestoration of statehood to Jammu and
Kashmir within two months.
The application was filed by
Zahoor Ahmad Bhat, an academician, and Khurshaid Ahmad
Malik, a socio-political activist.
“It is submitted that the delay
in the restoration of statehood
would cause serious reduction
of democratically elected governmentinJammu andKashmir,
causing a grave violation of the
idea of federalism which forms
part of the basic structure of the
ConstitutionofIndia,” the application said.
The Assembly elections and
the Lok Sabha polls were conductedpeacefullyinJammu and
Kashmir without anyincident of
violence, disturbance or any
security concerns being reported, it said.
“Therefore,thereisnoimpediment 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 plea said.
The non-restoration of the status of Statehood of Jammu and
Kashmir, the plea said, would
result in a lesser form of elected
democratic Government to the
State, particularly given legislative Assembly results were
declared on October 8, 2024.
Despite the apexcourt’sdirections for the restoration of
Statehood to Jammu and
Kashmir “at the earliest and as
soon as possible”, no steps have
been taken by theCentre to provide any timeline for the implementation of such directions, it
claimed. “Jammu and Kashmir
is being operated as a Union
Territory for a period of almost
five yearsnow,whichhascaused
many impediments and grave
losses to the development of
Jammu and Kashmir and has
affected thedemocraticrightsof
its citizens,” the plea added.