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"This Commission should be set up expediently, before memory escapes. The exercise should be time-bound. There is already an entire generation of youth that has grown up with feelings of distrust and it is to them that we owe the greatest duty of reparation", the judgment adds.
Justice Sanjay Kishan Kaul in his concurring but separate judgment upholding the abrogation of Article 370 has recommended the setting up of a commission to investigate and report on the violation of human rights in Jammu & Kashmir since the 1980s.
"In view of the in-roads made globally, and endogenous requests for truth and reconciliation, I recommend the setting up of an impartial truth and reconciliation commission (“Commission”). The Commission will investigate and report on the violation of human rights both by State and non-State actors perpetrated in Jammu & Kashmir at least since the 1980s and recommend measures for reconciliation", Justice Kaul has said.
Considering the significance of the matter and the sensitivities involved, Supreme Court has added that it is for the Government to devise the manner in which this should be set up, and to determine the best way forward for the commission.
"As a word of caution, the Commission, once constituted, should not turn into a criminal court and must instead follow a humanized and personalized process enabling people to share what they have been through uninhibitedly. It should be based on dialogue, allowing for different viewpoints and inputs from all sides.", the judge adds.
Needless to say, the Supreme Court Justice states, the Commission is only one of the many avenues towards the goal of systemic reform. It is my sincere hope that much will be achieved when Kashmiris open their hearts to embracing the past and facilitate the people who were compelled to migrate to come back with dignity, Justice Kaul has said in conclusion.
In a historic verdict, the Supreme Court of India today upheld the abrogation of Article 370 of the Constitution of India which accorded "special status" to the erstwhile state of Jammu and Kashmir.
Notably, three concurring judgments have been authored.
Court has 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 textual reading of the article also indicates that it is a temporary provision, CJI read from his judgment.
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. Court had begun hearing the case on July 11.
Case Title: IN Re: ARTICLE 370 OF THE CONSTITUTION
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