A day before the Assembly election results were to be announced, a fresh petition was filed on Monday in the Supreme Court seeking a direction to the Center to restore the status of Jammu and Kashmir within two months.
The petition was filed by teacher Zahoor Ahmed Bhat and activist Khurshaid Ahmad Malik, expressing concern over the government’s inaction regarding the restoration of the state of Jammu and Kashmir. The petitioners pointed out that despite the assurances made by the Solicitor General Tushar Mehta, who represented the government before the Supreme Court during the hearing on the abrogation of Article 370, no concrete steps have been taken by the Center to fulfill the promise of restoration.
The petition also said that the non-restoration of Jammu and Kashmir violated the basic principle of Federalism.
“The non-restoration of the statehood of Jammu and Kashmir within the time limit violates the concept of unity which is part of the basic structure of the Constitution of India,” the petition said.
The request also highlighted that the peaceful elections of the Assembly show that there is no obstacle to the restoration of the status and said, “There is no obstacle of security concerns, violence or any other disturbances that can prevent or hinder the granting / restoration of statehood. Jammu and Kashmir as was confirmed by the Union of India in the current proceedings.”
Jammu and Kashmir was a state until August 5, 2019, when Article 370 was repealed under the Jammu and Kashmir Reorganization Act by the Modi government.
At the time, the government assured that the situation would be restored “in due course.” Since then, Jammu and Kashmir has remained a Union Territory, while Ladakh was also carved out as a separate Union Territory, marking the division of the old kingdom.
Assembly elections were held in Jammu and Kashmir, the first in 10 years, in three phases on September 18, 25 and October 1, the results will be announced on October 8.
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