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'What happens to so much freedom', Supreme Court asks on Teacher advocating Article 370 case suspended

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By ETV Bharat Tech Team

Published : Aug 28, 2023, 11:57 AM IST

The Supreme Court has asked the Attorney General to speak with the Jammu and Kashmir Lt Governor regarding the suspension of Zahoor Ahmad Bhat, a senior teacher in political science at the Government School in Srinagar, who appeared in person in the apex court and argued against abrogation of Article 370, which bestowed special status on the erstwhile state of J&K.

The Supreme Court has asked the Attorney General R Venkataramani to speak with the JK Lieutenant Governor regarding the suspension of Zahoor Ahmad Bhat, a senior teacher in political science at the Government Higher Secondary School located in Jawahar Nagar, Srinagar, who appeared in person in the apex court and argued against abrogation of Article 370, which bestowed special status on the erstwhile state of Jammu and Kashmir.
File photo: Supreme Court of India

New Delhi: The Supreme Court Monday asked the Attorney General R Venkataramani to speak with the Jammu and Kashmir Lieutenant Governor regarding the suspension of Zahoor Ahmad Bhat, a senior teacher in political science at the Government Higher Secondary School located in Jawahar Nagar, Srinagar, who appeared in person in the apex court and argued against abrogation of Article 370, which bestowed special status on the erstwhile state of Jammu and Kashmir.

Senior advocates Kapil Sibal and Rajeev Dhavan mentioned the issue with the suspension of Zahoor Ahmad Bhat, before the apex court. Sibal said he had recently appeared before the court and presented arguments in favour of Article 370 and his suspension is not fair and this is not how democracy functions.

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.

Also read- J&K govt suspends lecturer who appeared for petitioners challenging Article 370 abrogation in SC

The Chief Justice said if there is something else, then it's different but why such close succession to him appearing and then getting suspended.

Justice Kaul told Mehta that there is close proximity between the arguments and the order.

The bench told the AG and Solicitor General Tushar Mehta that the proximity of his appearance before the court in Article 370 matter and suspension is something which is a cause for concern. Mehta said officers of J&K administration will look into it, while conceding that the timing of suspension does not appear proper.

The top court said if there is something else it is a separate thing and asked the AG to speak to the LG of Jammu and Kashmir and see what can be done. Mehta said there are other reasons as he continues to appear in court in various matters by taking leave from teaching job.

Also read- 'Means have to be consistent with ends': SC to Centre on abrogation of Article 370

The bench interrupted him and asked Mehta, "what happens to so much freedom?"

Mehta said everyone has a right to appear before the court and it can never be by way of retribution and the officers will take care of this concern.

Last week, the Jammu and Kashmir administration suspended a government teacher, who had recently presented arguments in favour of Article 370 in the Supreme Court.

Bhat was suspended for his appearance in the Supreme Court where he advocated against the abrogation of Article 370 and its associated Article 35-A.

In an official statement, the government declared Bhat's suspension "pending enquiry into his conduct."

The suspension is based on the violation of provisions outlined in the Jammu and Kashmir Civil Services Regulations (CSR), Jammu and Kashmir Government Employees (Conduct) Rules of 1971, and Jammu and Kashmir Leave Rules.

The suspension order directs Bhat to report to the office of the Director School Education in Jammu during the period of his suspension.

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