Petition Filed for Restoration of J&K Statehood; SC to Hear After 8 Weeks

The Supreme Court has asked the Central Government to respond to a petition seeking the restoration of statehood to Jammu and Kashmir. While hearing the matter, the court stressed the need to consider the “ground realities” in the region before making any decision.

A Bench of Chief Justice of India B.R. Gavai and Justice K. Vinod Chandran remarked, “You also have to take into consideration the ground realities; you cannot ignore what has happened in Pahalgam.”

The petition, filed by college teacher and activist Zahoor Ahmed Khan, will be heard again after eight weeks.

Back in December 2023, the Supreme Court had upheld the abrogation of Article 370 — which gave special status to the erstwhile state — but directed that statehood should be restored “at the earliest.” The court had not examined the constitutionality of the Jammu and Kashmir Reorganisation Act, 2019, as the Union Government had assured that statehood would be reinstated.

Senior advocate Gopal Sankaranarayana, appearing for the petitioner, pointed out that it has been 21 months since that judgement, yet no progress has been made. He said this was despite the court trusting the Union Government’s assurance on restoring statehood.

Solicitor General Tushar Mehta argued that the petition was not maintainable, noting that earlier, too, similar pleas had been dismissed with costs. He added that elections have been held and that decisions in this matter involve several complex considerations unique to the region.

The petitioner has alleged that the delay in restoring statehood is harming democratic governance in Jammu and Kashmir and amounts to a violation of the federal structure of the Constitution. He further claimed that there are no current security issues or disturbances that would prevent statehood from being restored.