An application has been filed in the Supreme Court by a senior college teacher and activist, seeking its direction for restoration of the statehood of Jammu & Kashmir within a time bound period.
According to sources in the Supreme Court registry and staff, the matter is likely to come up for hearing after October 13. Currently the top court is closed due to Dusshera and is scheduled to open on October 14.
The petitioners -- teacher Zahoor Ahmed Bhat and activist Khurshaid Ahmad Malik -- in their plea filed before the apex court said that despite the direction of the court for restoration of statehood of Jammu and Kashmir “at the earliest and as soon as possible”, no steps have been taken by the Union of India to provide any timeline for the implementation of such directions.
The plea further alleged that the failure to restore the statehood of Jammu & Kashmir is gravely affecting the rights of the citizens in the Valley.
Since the recently concluded assembly elections in the Valley were conducted peacefully, and no disturbance or any security concerns being reported, 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, the petitioner said.
"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 plea said.
The plea said 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."
The plea further said that the general elections were also held without any incidents or violence from April 19 to May 20.
Therefore, 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, it said.
"Jammu and Kashmir is being operated as a Union territory for a period of almost five years now, which has caused many impediments and grave losses to the development of Jammu and Kashmir and has affected the democratic rights of its citizens. Despite, there being no impediment, in actualizing the directions of this Court which was supposed to be done in an expeditious manner, the Union of India has failed to take any cogent steps in this regard. Therefore, it is important that the Union of India be directed to provide a timeline for restoration of the statehood of Jammu and Kashmir within a period of two months," the plea said.
It was also submitted that the balance of convenience was in favour of the petitioners. "We have a good case on merits and if the reliefs as claimed are not granted, grave prejudice will be caused to the applicants along with the citizens of Jammu and Kashmir their territorial and democratic integrity and would lead to grave violation of the basic structure doctrine," the plea said.