Supreme Court of India
Credit: PTI Photo
New Delhi: The Supreme Court on Friday gave further time to the Union government to file its response on a batch of pleas seeking restoration of statehood to the Union Territory of Jammu and Kashmir.
A bench of Chief Justice of India B R Gavai and Justice K Vinod Chandran said a decision has to be taken considering all the factors and a consultation was on by the Centre.
"The decision is to be taken after considering all factors...see what happened in Pahalgam," the bench said, referring to the terror attack on tourists.
On April 22, 2025, a group of Pakistan-backed terrorists killed 26 tourists in Pahalgam after asking about their religion, resulting into armed offensive by 'Operation Sindoor' against terror networks in Pakistan.
On August 14, the court had first asked the Centre to respond to the plea in the matter.
Solicitor General Tushar Mehta, representing the central government, submitted that elections to the Jammu and Kashmir assembly were held peacefully and an elected government was put in place.
Mehta said that during the last six years, there has been substantial progress in Jammu and Kashmir
He, however, submitted that certain incidents in the recent past, including the Pahalgam attack, have taken place, and all the incidents will have to be taken into consideration before taking a final call on the restoration of statehood.
He sought more time to respond to the prayers made by the petitioners. The apex court granted four weeks’ time to the Centre to respond to the submissions made by the petitioners.
The petitioners’ counsel argued that it was noted in the apex court’s order that statehood would be returned after the elections. It was also submitted that the Cabinet of Jammu and Kashmir has passed a resolution for the Lieutenant Governor to take up the matter for the restoration of statehood with the Centre.
A plea was filed by academician Zahoor Ahmad Bhat and socio-political activist Ahmad Malik for the implementation of the Centre’s assurance to restore statehood to Jammu and Kashmir “at the earliest”.
The counsel, representing the petitioners, referred to an undertaking recorded in the Supreme Court’s December 2023 judgment that upheld the abrogation of Article 370.
On this, Mehta said, “This is a sui generis (unique) problem and there are wider concerns involved. Of course, there was a solemn undertaking, but several factors need to be considered”.
He claimed, there are some people who are spreading a specific narrative and giving a grim picture of the union territory.
The Constitution bench on December 11, 2023, unanimously upheld the revocation of Article 370, which accorded special status to the erstwhile state of Jammu and Kashmir.
The court ordered that assembly elections be held in the union territory by September 2024 and its statehood be restored "at the earliest".
Jammu and Kashmir was reorganised into the Union Territory of Jammu and Kashmir, and the Union Territory of Ladakh on August 5, 2019, after the passage of the Jammu and Kashmir Reorganisation Act, 2019.