The Supreme Court, while hearing the arguments of the state to restore the state of the center region of Jammu and Kashmir, on Thursday saw that the ground situation would have to be taken into account in giving the state.
A bench of CJI Br Gavai and Justion K Vinod Chandran said, “You cannot ignore what happened in Pahgam.”
Solicitor General Tushar Mehta, who was present for the Center, said, the government had assured the state after the elections, but there is a strange situation.
He said that the assembly elections were held in Jammu and Kashmir, as promised to the Constitution Bench, which retained the cancellation of Article 370 and the domination of Jammu and Kashmir in two center areas.
He said, “This is not time for the petitioners to manipulate the water,” he added.
Mehta demanded eight weeks to seek instructions from the government on the issue.
The apex court was hearing applications seeking instructions to the Center seeking instructions to restore the situation in the center area of Jammu and Kashmir.
Applications had said that it becomes necessary that appropriate directions are passed to direct the state of Jammu and Kashmir, which are restored from time to time as soon as possible, as done by the Union of India.
Filed by college teacher Zahoor Ahmed Bhat and activist Khurshed Ahmed Malik, applications have said that despite the assurance given by the Solicitor General that the state of Jammu and Kashmir will be restored, the Sangh has not taken any step in that regard in the years after the decision in the case of Article 370.
In the case of cancellation of Article 370, an application was filed through advocate Soyab Qureshi, which the Supreme Court had upheld the cancellation of the special status of Jammu and Kashmir.
“As a conscious citizen of the applicants, Jammu and Kashmir, even after the order of 10 months of the order of August 11, 2023, no steps have been taken to restore the rights of the rights of Jammu and Kashmir, till date, the rights of the rights of Jammu and Kashmir. Gave.
If the directions to restore the state of Jammu and Kashmir are not passed by this court as soon as possible, it will cause serious damage to the federal structure of the country.
Referring to the elections held in Jammu and Kashmir, the application said that the formation of the Legislative Assembly would violate the idea of federalism before the restoration of the state, which is part of the original structure of the Constitution of India.
“Since the assembly elections were held in peace, the Apex court from time to time would not have worried about passing a direction to restore the state in the center area within a time,” it was presented.
The application said, “The delay in restoration of the state will cause a severe lack of democratically elected government in Jammu and Kashmir, which will cause serious violation of the idea of federalism, which becomes part of the original structure of the Constitution of India.”
It was also argued that Jammu and Kashmir has been given a low form of elected democratic government as a result of adaptation into two center areas of the state of Jammu and Kashmir, which would soon be formed after the results of the Legislative Assembly are declared.
It states, “If the state’s position for Jammu and Kashmir is not restored from time to time, there will also be serious bias for the citizens of Jammu and Kashmir, which will also lead to violation of their fundamental rights and will also affect the democratic structure of Jammu and Kashmir and its regional affinity.”
“For Jammu and Kashmir, which has always been a federal relationship with the Union of India, it is extremely important that the state’s situation is restored, so that they can enjoy an autonomy in their personal identity and play an important role in the overall development of the country”, the application said.
On December 11, 2023, the bench of the Five-judge Constitution unanimously retained the validity of the 2019 decision of the Central Government to repeal Article 370 of the Constitution, which honored the special status of Jammu and Kashmir, while indicating that Article 370 is a “temporary provision”.
The apex court had noticed that Solicitor General Tushar Mehta said that the state of Jammu and Kashmir would be restored, except the center area of Ladakh.
It had directed that by September 30, 2024, steps will be taken by the Election Commission of India to hold elections for the Legislative Assembly of Jammu and Kashmir.
The restoration of the state was added as soon as possible and as soon as possible. (AI)