Omar Abdullah Considers Becoming Party To J&K Statehood Plea In Top Court
Omar Abdullah, who completed one year in office without any headway on restoration of statehood, blamed the centre for not keeping the promise it made to the people of Jammu and Kashmir and Ladakh.
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Jammu and Kashmir Chief Minister Omar Abdullah is considering becoming a party to the statehood plea in the Supreme Court. The Chief Minister has also contradicted the central government's claim before the top court that it's in consultation with the J&K government over the restoration of statehood.
"It's actively being discussed with the legal team, and there is a possibility that as Chief Minister, I will make myself party to this case," said Abdullah.
Abdullah, who completed one year in office without any headway on restoration of statehood, blamed the centre for not keeping the promise it made to the people of Jammu and Kashmir and Ladakh.
He denied having any consultation with the central government on statehood, a claim made by the centre during a Supreme Court hearing on the restoration of statehood to J&K.
On October 10, the Solicitor General of India (SG), Tushar Mehta, informed the top court that the central government is in consultation with the J&K government on restoring statehood.
"No. The first I heard about this was when the Supreme Court was informed," said Abdullah when he was asked about the Solicitor General's statement before the court.
The Supreme Court is hearing a petition seeking early restoration of statehood to Jammu and Kashmir. It has granted four weeks to the central government to respond to the statehood plea.
Now, the J&K Chief Minister said that he too is considering becoming a party to the case.
"I have discussed with senior lawyers about the possibility of becoming a party to this case as Chief Minister of Jammu and Kashmir because I think nobody understands the disadvantages we are put to by being a Union Territory than I do. I'm the only person in the entire country with the experience of being both Chief Minister of the state and the union territory".
Last week, an interim order was passed by a bench led by Chief Justice of India BR Gavai following a statement made by the SG. The top law officer of the government also told the court that incidents like the Pahalgam terrorist attack must also be considered before restoring the statehood to J&K.
Senior advocate Gopal Sankaranarayanan, appearing for the petitioners, said the Pahalgam attack occurred "under the watch of the central government".
The petitioners reminded the centre that it had given an undertaking to the court in December 2023 that statehood would be restored. "What is to be done if that undertaking is not honoured?" asked a petitioner.
Citing the country's federal structure, a senior advocate said that if the centre is allowed to turn a state into a union territory, then it can happen to any state. "Tomorrow, they can convert Uttar Pradesh into a UT since it shares a border with Nepal or convert Tamil Nadu into a UT," the advocate said.
The petitioners are seeking immediate restoration of statehood and implementation of the directions passed by a Constitutional bench in December 2023.
On December 11, 2023, a Constitution Bench of the Supreme Court had upheld the abrogation of Article 370 but directed the central government to restore the statehood "at the earliest, as soon as possible." The government had also submitted before the court that the "status of J&K as a Union territory is temporary and its statehood will be restored."
Following the central government's assurance, the court said it will not determine if turning a state into a union territory was permissible under Article 3 of the Constitution.
"In view of the submission made by the Solicitor General that statehood would be restored to Jammu and Kashmir, we do not find it necessary to determine whether the reorganisation of the State of Jammu and Kashmir into two Union Territories of Ladakh and Jammu and Kashmir is permissible under Article 3," the five-judge bench had said.
The plea before the Supreme Court now terms the delay in restoration of statehood a violation of the federal structure of India. "The non-restoration of the status of statehood of Jammu and Kashmir in a time-bound manner violates the idea of federalism, which forms a part of the basic structure of the Constitution of India," the petitioners said.
Jammu and Kashmir was stripped of statehood and special status under Article 370 in August 2019. Since then, the centre has repeatedly assured the people of Jammu and Kashmir that statehood will be restored "at an appropriate time."
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Omar Abdullah, J&K Statehood Restoration, Statehood Restoration Plea In Supreme Court