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| SC flags Pahalgam terror attack while deferring early hearing on statehood pleas | | Bench says ground realities cannot be ignored; matter to be heard after eight weeks | | Sanjay Pandita
Early Times Report
Jammu, Aug 14: The Supreme Court on Thursday declined to expedite the hearing of a batch of applications seeking a time-bound roadmap for the restoration of statehood to Jammu and Kashmir, citing prevailing “ground realities” — including the recent terror attack in Pahalgam. A Bench comprising Chief Justice of India B.R. Gavai and Justice K. Vinod Chandran acceded to the Centre’s request to list the matter after eight weeks, underscoring the need to take into account the current security situation in the region.
“You will also have to take into consideration the ground realities. You cannot ignore what has happened in Pahalgam,” the CJI told the applicants pressing for an early hearing.
The applications contend that the continued delay in restoring J&K’s statehood is infringing upon the constitutional rights of its citizens and undermining the federal structure — a key component of the Constitution’s Basic Structure doctrine.
“It has been 21 months since the judgment on Article 370, and there has been no progress toward restoring statehood,” senior advocate Gopal Sankaranarayanan submitted, pointing out that the Constitution Bench had accepted the Centre’s assurance — given through the Solicitor General — that statehood would eventually be reinstated.
However, Solicitor General Tushar Mehta questioned the maintainability of the applications and urged the court to defer the hearing. He emphasized the “peculiar position” in Jammu and Kashmir and maintained that the matter was not ripe for judicial consideration at this stage.
“These applications are not maintainable. We had assured two things: elections would be held, and statehood would follow. Your Lordships are aware of the peculiar situation emerging from this part of the country. There are several considerations,” Mehta said.
“I don’t know why this issue is being agitated at this stage. My prayer is to list it after eight weeks. This is not the right stage to muddy the waters,” he added.
Following the submissions, the Bench sought the Centre’s formal response and posted the matter for hearing after eight weeks.
In its landmark judgment on Article 370, a five-judge Constitution Bench headed by then CJI D.Y. Chandrachud had upheld the Centre’s abrogation of the special status but left open the question of whether Parliament could convert a state into Union Territories. The verdict was based on the Centre’s oral assurance that statehood would be restored to J&K in due course.
During those hearings, the Solicitor General had stated that while an exact timeframe could not be provided, the restoration of statehood would happen, albeit after some time. |
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