Demands for restoration of Jammu and Kashmir's statehood cannot ignore the Pahalgam terror attack and consequent regional security implications, the Supreme Court said Thursday.
A bench led by Chief Justice BR Gavai was responding this morning to a petition seeking implementation of a December 2023 Supreme Court order, which said Jammu and Kashmir's statehood should be restored at the earliest opportunity after the conduct of an Assembly election.
That election was held in September-October 2024. The Omar Abdullah-led National Conference, part of the INDIA bloc with the Congress, formed the government after winning 27 of J&K's 42 seats.
The petition heard today seeks the return of J&K as a state within two months, and calls the delay in following the Supreme Court's order a "violation of India's federal structure..."
Senior advocate Gopal Sankaranarayan urged the court to club and list all such petitions. "If an executor aspect is being sought, then a bench may be constituted and a timeline fixed."
"Let the government first give a response," the Chief Justice replied.
Solicitor General Tushar Mehta, appearing for the government, said he would seek instructions as directed, but pointed out, "We assured statehood after elections (but) I don't know why this issue (is being) agitated now. This is not the (time) to muddy the waters."
J&K had been bifurcated - into the union territories of Jammu and Kashmir, and Ladakh - in August 2019. This was after the government scrapped Article 370 that gave it special status.
Since then the government has repeatedly said statehood will be restored "at an appropriate time".
But a timeline was never announced. In 2023 the Supreme Court directed the Election Commission to hold an Assembly election - the first since 2014, with J&K having been under President's Rule since.
FROM THE ARCHIVE | In Historic J&K Ruling, Top Court Sets Election Deadline
Recently, Chief Minister Omar Abdullah wrote to leaders of all political parties, urging them to introduce a bill in the Parliament to restore statehood to Jammu and Kashmir.
READ | "Course Correction, Not Concession": Omar Abdullah's Letter For Statehood
Mr Abdullah said restoration of statehood was not a 'favour' but an 'essential course correction', and that the precedent of downgrading a state would have unsettling consequences.
Restoration of statehood was also a core issue during election campaigning, with the Congress, the National Conference, and others from the INDIA bloc putting pressure on the BJP to keep its promise.
But those demands took a backseat after April 22, when terrorists from the Lashkar-e-Taiba-affiliated The Resistance Front killed 26 people after asking questions about their religious identities.
India, which said it had proof the Pakistan Army and deep state were involved, responded with Operation Sindoor - precision military strikes against terror camps in Pak and Pak-occupied Kashmir.
That triggered a counter-response from Islamabad and an 88-hour military conflict between the two countries that only ended after Pakistan called India to request a ceasefire.
READ | Hunted In Less Than Three Hours: Detailed Timeline Of Op Mahadev
In July three Pahalgam attack terrorists were neutralised in a joint security forces operation.
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