The plea was filed by a teacher Zahoor Ahmed Bhat and activist Khurshaid Ahmad Malik, who said that the Centre did not keep its promise of restoring J&K's statehood. (File photo)

Plea in Supreme Court seeks restoration of J&K's statehood in 2 months

The plea further stated that the non-restoration of Jammu and Kashmir's statehood violates the basic feature of federalism.

by · India Today

In Short

  • Plea filed by Zahoor Ahmed Bhat, Khurshaid Ahmad Malik
  • Duo allege Centre not taking steps for restoration of J&K's statehood
  • J&K ceased to be a state after Article 370 abrogation in 2019

A day before the results of the Assembly elections are to be announced, a fresh plea was filed on Monday in the Supreme Court seeking direction for the Centre to restore the statehood of Jammu and Kashmir within two months.

A petition has been filed by teacher Zahoor Ahmed Bhat and activist Khurshaid Ahmad Malik, expressing concern over the government's inaction regarding the restoration of Jammu and Kashmir's statehood. The petitioners pointed out that despite assurances made by Solicitor General Tushar Mehta, representing the government before the Supreme Court during hearings on the abrogation of Article 370, no concrete steps have been taken by the Centre to fulfil the promise of restoring statehood.

The plea further stated that the non-restoration of Jammu and Kashmir's statehood violates the basic feature of federalism.

"The 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", the plea stated.

The plea further highlighted that the peaceful Assembly elections show that there is no impediment to restoring statehood and said, "There is no impediment of security concerns, violence or any other disturbances which would hinder or prevent the grant/restoration of the status of statehood to Jammu and Kashmir as had been assured by the Union of India in the present proceedings".

Jammu and Kashmir was a state until August 5, 2019, when Article 370 was abrogated under the Jammu and Kashmir Reorganisation Act by the Modi government.

At the time, the government assured that statehood would be restored "in due course." Since then, Jammu and Kashmir has remained a Union Territory, with Ladakh also carved out as a separate Union Territory, marking the division of the erstwhile state.

Assembly elections were held in Jammu and Kashmir, the first in 10 years, in three phases on September 18, 25 and October 1, with results to be announced on October 8.