SC Declines Early Hearing on Pleas for Restoration of J&K Statehood

The Supreme Court on Monday refused to advance the date of hearing on petitions seeking the restoration of statehood to Jammu and Kashmir, observing that the matter is already scheduled for October 10.

A bench headed by Chief Justice of India B.R. Gavai, also comprising Justice N.V. Anjaria, was hearing a lawyer’s request for urgent listing of a contempt plea related to the abrogation of Article 370. The lawyer argued that statehood was promised to the region and sought an earlier hearing.

“It is listed already on October 10,” the Chief Justice said, making it clear that the court would not alter the schedule. Justice Gavai also noted that the bench is presently engaged in a constitution bench hearing on a presidential reference concerning timelines for governors and the president, leaving no scope for rescheduling.

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On August 14, the bench had directed the Centre to respond within eight weeks to a separate plea demanding restoration of statehood to Jammu and Kashmir. At that time, the court remarked that the government must also take into account the “ground realities” and cited the situation in Pahalgam while declining an early hearing request.

The question of statehood has remained pending since December 11, 2023, when the Supreme Court unanimously upheld the revocation of Article 370, which had granted special status to the erstwhile state. While affirming the constitutional validity of the abrogation, the court directed that assembly elections in the union territory be conducted by September 2024 and its statehood restored “at the earliest.”

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In addition to the main case, another petition was filed last year seeking directions to the Centre for restoring statehood within two months. The Centre’s response to the pending petitions is awaited.

With Monday’s order, the Supreme Court has confirmed that it will take up the matter on October 10 as scheduled.

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