‘Can't Ignore What Happened in Pahalgam’: Supreme Court Seeks Centre’s Reply on J&K Statehood

New Delhi: The Supreme Court of India on Friday said that the ground situation in Jammu and Kashmir must be considered while deciding on restoring the region's statehood. The top court has given the Central government eight weeks to respond to the pleas asking for the statehood of Jammu and Kashmir to be restored.

A bench led by Chief Justice of India (CJI) BR Gavai and Justice K Vinod Chandran was hearing applications filed by Zahoor Ahmad Bhat, an academic, and Khurshaid Ahmad Malik, a socio-political activist. The plea argued that the delay in restoring statehood was harming democracy and federalism in the region.

“You cannot ignore what happened in Pahalgam,” said CJI BR Gavai during the hearing, referring to recent security concerns in the area. The court did not elaborate on the incident but said such developments must be kept in mind while making decisions about the region.

Solicitor General Tushar Mehta, appearing for the Centre, told the court, “We have assured statehood after elections. There is a peculiar situation in this part of the country. I don’t know why this issue is being raised now. Still, I will seek instructions from the government. Kindly allow eight weeks.”

The petitions pointed out that despite the Supreme Court's previous order on December 11, 2023, asking for elections and early restoration of statehood, no timeline has been given by the government.

The plea stated, “The delay in restoring statehood causes a serious reduction of democratically elected government in Jammu and Kashmir, violating the idea of federalism which is part of the Constitution’s basic structure.”

It also noted that the Assembly elections and Lok Sabha polls were conducted peacefully in the region without any incidents of violence or unrest, showing that there are no current security issues that would stop the return of statehood.

The petitioners argued that the region has remained a Union Territory for almost five years, which has slowed development and affected the democratic rights of the people. They urged the court to direct the Centre to restore statehood without further delay.

The Supreme Court has now asked the government to respond within 8 weeks, and the matter will be heard again after that.

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