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There is no impediment of security concerns, violence or any other disturbances which would hinder or prevent the restoration of Jammu and Kashmir's statehood as had been assured by the Union of India, the plea submits
An application has been filed before the Supreme Court of India seeking appropriate directions to the Union of India for restoration of the statehood of Jammu and Kashmir in a time-bound manner.
This application has been filed in the writ petition titled “In re: Article 370 of the Constitution” which was decided by the Supreme Court in December 2023 upholding the government decision of abrogation of Article 370.
While upholding the abrogation of Article 370, the top court had ordered, "Restoration of statehood shall take place at the earliest and as soon as possible". Court had relied on the Solicitor General Tushar Mehta's statement that the statehood of Jammu and Kashmir will be restored (except for the carving out of the Union Territory of Ladakh).
In view of the SG's statement, Court had not found it necessary to determine whether the reorganisation of the State of Jammu and Kashmir into two Union Territories of Ladakh and Jammu and Kashmir was permissible under Article 3.
Citing the said directions, the application states, "even after passing of 10 months of the order dated 11.12.2023, till date the status of statehood of Jammu and Kashmir has not yet been restored which is gravely affecting the rights of the citizens of Jammu and Kashmir and also violating the idea of federalism".
Court has been further told that this issue is of grave urgency and importance as Jammu and Kashmir recently held the Legislative elections in three phases to elect 90 members of the Jammu and Kashmir Legislative Assembly after a period of 10 years. "The results of the said elections are to be pronounced on 08.10.2024. It is submitted that the formation of the Legislative Assembly before the restoration of Statehood would cause serious reduction of democratically elected government in Jammu and Kashmir causing grave violation of the idea of federalism which forms part of the basic structure of the Constitution of India....", the court has been told.
Filed by Zahoor Ahmad Bhat, one of the Petitioners in the original petition, the application submits non-restoration of the status of Statehood of Jammu and Kashmir in a time-bound manner violates the idea of federalism which forms a part of the basic structure of the Constitution of India.
"Jammu and Kashmir being an individual state having gone through many struggles and hardships require a strong federal structure to help in developing the area and also celebrating its unique culture", the plea adds.
In a historic verdict, the Supreme Court of India had last year upheld the abrogation of Article 370 of the Constitution of India which accorded "special status" to the erstwhile state of Jammu and Kashmir. Court held Article 370 to be a temporary provision enacted introduced to serve a transitional purpose considering the war conditions in the state of Jammu and Kashmir.
A five judge Constitution bench comprising of CJI DY Chandrachud, Justices SK Kaul, Sanjiv Khanna, BR Gavai and Surya Kant had reserved verdict on September 5, 2023.
Case Title: IN RE ARTICLE 370 OF THE CONSTITUTION AND IN THE MATTER OF (APPLICATION): ZAHOOR AHMAD BHAT AND ANR. vs. UNION OF INDIA
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