An application has been filed in the Supreme Court seeking restoration of the statehood of Jammu & Kashmir within a time bound period since assembly elections results in the Union Territory would be meaningless without the same.
Filed by college teacher Zahoor Ahmed Bhat and activist Khurshaid Ahmad Malik, the plea contends that the failure to restore the statehood of Jammu & Kashmir is gravely affecting the rights of the citizens the Valley.
Referring to the recently concluded polls in the Valley, the plea filed through Advocate on Record Soayib Quresi states that the formation of the Legislative Assembly before the restoration of statehood would violate the idea of federalism, which forms part of the basic structure of the Constitution of India.
The petitioner states that since the recently concluded assembly elections were conducted peacefully, there would be "no security concerns" in case the top court passed a direction to restore statehood to the Valley within a time-bound period.
It is also contended that the conversion of the State of Jammu & Kashmir into two Union Territories has resulted in Jammu & Kashmir being given a lesser form of elected democratic government, which will soon be formed once the results of the Legislative Assembly are declared.
Bhat maintains that the Valley always had a federal relationship with the Union of India. Thus, it is of utmost importance that the status of statehood is restored "so that they can enjoy an autonomy in their individual identity and also play an important part in the overall development of the Country."
In May this year, the top court had dismissed review petitions challenging its December 2023 decision to uphold the deletion of Article 370, which had earlier conferred a special status to the erstwhile State of Jammu & Kashmir. The Court had reasoned that Article 370 was a transitory provision.
Controversially, the Constitution Bench had refused to decide on the validity of the 2019 law which paved way for the bifurcation of Jammu & Kashmir into two Union Territories in the aftermath of the abrogation of Article 370.