The Supreme Court on Tuesday directed the Central government to provide a time frame or roadmap for the restoration of statehood in Jammu and Kashmir, which was bifurcated into two Union Territories on August 5, 2019, following the abrogation of Article 370.
Noting that the matters concerned ‘national security’ and that the preservation of the nation itself was an overriding concern, the Apex Court, however, directed Solicitor General Tushar Mehta, who appeared for the Union of India and the Jammu & Kashmir administration, to seek instructions on the highest level in the matter.
The SG contended that a statement had been made by the Government of India at the Floor of the House and efforts were being made in this direction. He added that once these efforts were fruitful and the situation returned to normal, Jammu and Kashmir would again be granted statehood.
He further said that for the first time in decades, local body elections took place in Jammu and Kashmir in 2020. There was no hartal (strike), no stone pelting and no curfew.
The law officer added that the Union of India was not only concerned for elections and politics, but it was equally interested in national integration.
At this point, the Bench led by Chief Justice of India D.Y. Chandrachud said that restoration of democracy was very important, noting that the Apex Court cannot have such a situation forever.
It directed the SG, along with Attorney General R. Venkataramani, to get instructions on whether there was a timeframe or roadmap in view regarding restoration of statehood in the erstwhile state.
The Bench of CJI Chandrachud, Justice Sanjay Kishan Kaul, Justice Sanjiv Khanna, Justice B.R. Gavai and Justice Surya Kant continued for the 12th day, hearing on petitions challenging the Central government’s decision to abrogate Article 370, which stripped Jammu and Kashmir of its special status.
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