New Delhi: The Centre Thursday informed the Supreme Court that it is ready for elections any time in Jammu and Kashmir now, however it refrained from giving a specific timeframe on restoring statehood for J&K and emphasized that steps are being taken.
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A five-judge constitution bench headed by Chief Justice of India D Y Chandrachud and comprising justices S K Kaul, Sanjiv Khanna, B R Gavai, and Surya Kant, is hearing a batch of pleas challenging the abrogation of Article 370, which bestowed special status on the erstwhile state of Jammu and Kashmir.
Solicitor General Tushar Mehta, representing the Centre, submitted that the central government is ready for elections in J&K anytime now. Mehta said that updating of voters list was going on and substantial work had been completed.
Mehta said district development council elections have already taken place and now the panchayat elections will be held shortly. Mehta said Leh Hill Development Council elections are over and that elections for Kargil will be held in September.
Mehta municipality elections will follow these elections, and third elections will be for legislative assembly. However, the Centre said though steps to revert J&K into a state have already been implemented gradually, it cannot give an exact time frame for restoration of statehood of J&K.
Mehta said terrorist incidents have been reduced by 45%, 90.2% infiltration reduced in J&K, security personnel casualty is reduced by 65.9% and stone pelting reduced by 97%. These are important parameters for holding elections, said Mehta.
Mehta said in 2018, the stone pelting was 1767 and added that it is nil now and not just because of effective policing and security personnel but because of various steps such as gainful employment of youth etc. The youth were misled by secessionist forces, he said.
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Interview: People of J&K silenced, alienated by #Article370 abrogation, says CWC member Tariq Karra @tariqkarra
— ETV Bharat (@ETVBharatEng) August 5, 2023 " class="align-text-top noRightClick twitterSection" data="
Read more at: https://t.co/ha27vgaEJk
">Interview: People of J&K silenced, alienated by #Article370 abrogation, says CWC member Tariq Karra @tariqkarra
— ETV Bharat (@ETVBharatEng) August 5, 2023
Read more at: https://t.co/ha27vgaEJkInterview: People of J&K silenced, alienated by #Article370 abrogation, says CWC member Tariq Karra @tariqkarra
— ETV Bharat (@ETVBharatEng) August 5, 2023
Read more at: https://t.co/ha27vgaEJk
Senior advocate Kapil Sibal, representing a petitioner, queried the court whether it is taking into account facts brought before the court by Mehta. Sibal insisted that it is relevant to know whether the court is considering it, from the petitioners' point of view.
The Chief Justice made it clear to Sibal that these facts would have possibly no bearing on the constitutional issue, before the apex court regarding the abrogation of Article 370. Sibal said the petitioners' would have to counter these facts.
The Chief Justice told Sibal that the court had asked the Centre for a roadmap to restore statehood of J&K and they have provided their response.
Sibal vehemently argued that these facts would go into the mind of the court because the Centre is attempting to show that an enormous change has taken place. Sibal said that when 5000 people are under house arrest and section 144 is imposed throughout the state, then how could there be any bandh? Sibal urged the court not to consider the facts given by Mehta otherwise they would have to counter it.
The Chief Justice said this is not relevant to constitutional challenge before the court, the nature of development which Centre says took place after abrogation of Article 370. Sibal said but these facts have come on record.
The Chief Justice said to be fair to Mehta, what he was saying was that the roadmap for full statehood of J&K and that it would take time but right now development work is taking place and some stability has come into the region.
The Chief Justice stressed that in these matters there can be and should be policy differences but it cannot affect the constitutional arguments and "this isn't a justification and cannot be a constitutional challenge".
Also read-Article 35A virtually took away fundamental rights: SC during Article 370 hearing
Mehta said during his submissions he had not relied on these figures. Sibal highlighted house arrest of thousands of people and stressed "let us not make a mockery of democracy", and pointed out that all this is televised and people think what a great thing has been done by the government, which creates a problem.
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Difficult to say #Article370 can never be abrogated, J&K’s sovereignty completely ceded to India: SC
— ETV Bharat (@ETVBharatEng) August 10, 2023 " class="align-text-top noRightClick twitterSection" data="
Read more at: https://t.co/JHi0QdlMdb
">Difficult to say #Article370 can never be abrogated, J&K’s sovereignty completely ceded to India: SC
— ETV Bharat (@ETVBharatEng) August 10, 2023
Read more at: https://t.co/JHi0QdlMdbDifficult to say #Article370 can never be abrogated, J&K’s sovereignty completely ceded to India: SC
— ETV Bharat (@ETVBharatEng) August 10, 2023
Read more at: https://t.co/JHi0QdlMdb
Sibal said the internet was shut down in the region and then the government is saying there were no bandhs and queried, how can there be bandhs when people can't even go to hospitals?
The top court said it has heard the matter so far in a sort of dispassionate way and with a sense of objectivity and urged the both sides to maintain it.
