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Plea in Supreme Court seeks restoration of statehood of Jammu and Kashmir within two months

An application has been filed in the Supreme Court seeking to direct the Union Government to restore the statehood of Jammu and Kashmir within two months.

The petition has been filed by college teacher Zahoor Ahmed Bhat and activist Khurshaid Ahmad Malik as a Miscellaneous Application in the disposed of matter “In Re : Article 370 of the Constitution”. 

The petition contended that the Apex Court verdict, while upholding the abrogation of the special status of Jammu and Kashmir, did not address the issue of the constitutionality of the Jammu and Kashmir Reorganization Act 2019, which converted J&K into a Union Territory.

After Solicitor General assured that the Statehood of J&K would be restored, the Bench merely directed for restoration at the earliest, without setting any timeline.

The plea submitted that despite the assurance given by the Solicitor General that J&K’s statehood would be restored, the Union government was yet to take any steps in that regard, even after 11 months of the judgment.

It said the non-restoration of the status of Statehood of Jammu and Kashmir in a time-bound manner violated the idea of federalism, which formed a part of the basic structure of the Constitution of India.

The petitioners further contended that the Assembly elections were held peacefully and it showed that there was no impediment in restoring statehood.

There was no impediment of security concerns, violence or any other disturbances, which could hinder or prevent the grant or restoration of the status of Statehood to Jammu and Kashmir as had been assured by the Union of India in the present proceedings, it added.

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