‘Can’t Ignore Pahalgam Attack’: On J&K Statehood, Supreme Court Cites ‘Ground Realities’

The Supreme Court on Thursday remarked that the “ground realities” in Jammu and Kashmir, including the recent horrific terrorist attack in Pahalgam, cannot be ignored when considering the restoration of its statehood. Hearing a plea urging the court to enforce its earlier directive, a bench led by Chief Justice of India B.R. Gavai acknowledged the security situation as a critical factor, granting the Central government eight weeks to seek instructions on the matter.

“You also have to take into consideration the ground realities; you cannot ignore what has happened in Pahalgam,” the bench observed, directly linking the security environment to the constitutional question of statehood. The court’s remarks came after Solicitor General Tushar Mehta, appearing for the Centre, argued against expediting the decision.

Mehta reiterated the government’s commitment to restoring statehood after the recent Assembly elections but stressed the “peculiar position of this part of our country” and stated this was not the correct time to “muddy the water”.

The plea, filed by college teacher Zahoor Ahmed Bhat and activist Khurshid Ahmad Malik, argued that the continued denial of statehood was adversely affecting citizens’ rights and that holding elections without it violated the principle of federalism. The petitioners’ counsel reminded the court that 21 months have passed since its landmark judgment in December 2023, which, while upholding the abrogation of Article 370, had directed the Centre to restore statehood “at the earliest”.

The court’s pointed reference to the Pahalgam attack alludes to the April 22 incident where terrorists from a Lashkar-e-Taiba offshoot killed 25 Hindu tourists, an event that led to a sharp escalation in India-Pakistan tensions. The Union government had abrogated Article 370 and bifurcated the erstwhile state into two Union Territories on August 5, 2019.

Following the Supreme Court’s directive, Assembly elections were held last year, resulting in the National Conference-Congress alliance forming the government with Omar Abdullah as Chief Minister. The court has now adjourned the matter for eight weeks, awaiting the Centre’s formal response.