NEW DELHI: The Supreme Court on Tuesday inquired from the Union government about the tentative roadmap it had in mind for restoration of Jammu and Kashmirs statehood even as it agreed that the states division into Union Territories of J-K and Ladakh in August 2019 was necessitated by extreme situation in terms of national security.A bench of CJI DY Chandrachud, and Justices Sanjay Kishan Kaul, Sanjiv Khanna, BR Gavai and Surya Kant said the decision to divide J-K into UTs may have been driven by the pressing need to preserve the nation and in the interest of protecting national security.Equally, restoration of democracy is a very important component for the survival of the nation.
We are conscious of the fact that these are matters of national security.
We understand that ultimately the preservation of the nation itself is the overriding concern.
Without putting yourself (the Union government) in a sense of bind, both you (the SG) and the AG may seek instructions at the highest level, whether there is a time frame in view (to revert J-K into a full-fledged state), the bench said.The Centre has maintained that the division was a stop-gap measure, and promised restoration of statehood for J-K.Solicitor general Tushar Mehta said, On the issue of time frame, I will take instructions.
But I will show the statement made by the Union home minister on the floor of Parliament and the efforts on the ground.
The statement is that once the efforts are fruitful and the situation returns to normalcy, J-K will be made a state.
But he indicated that Ladakh which was hived off the erstwhile state of J-K would remain a UT.Mehta also referred to the improved security situation in the state.
While the CJI agreed with the assertion, he asked about the timeline the Centre has in mind for undoing the division.
We take it that the progression (of J-K towards statehood) has already begun.
But is there a roadmap? Tell us what your roadmap is".Perhaps you may look at what we are suggesting.
Why is it not possible for the Union government to say that right now for the particular state, as there is an extreme situation in terms of national security, it wants for a certain period of time to create a UT.
But this is not a permanent feature.
It shall again progress to become a state, the bench asked.
Mehta said it will be done after removing the reasons which necessitated converting it into UTs.The bench appeared to be appreciative of Centres constraints in view of the externally-sponsored terror threat.
CJI Chandrachud said, Ultimately lets face it, whether it is a state or a UT, all of us survive when the nation survives.
If the nation itself does not survive, there is no relevance of state or UT, he said, a remark that appeared to be in sync with the Centres stance.Arguments would resume on Thursday.Should we not give that allowance to Parliament to postulate that in the interest of preservation of the nation itself and in the interest of preservation of the Union itself, for a certain stipulated period, this state should go into the fold of UTs on the clear understanding that it shall revert to the position of the state over a period of time, the CJI said.One cannot lay down a strict time period, as in a given case it may be six months or in another it may be one year.
But that progression, I think the government has to make a statement before us, that the reversion of the UT to a state will take place, he said.The SG said, That is exactly the statement made in Parliament by the Union home minister that after the situation returns to normalcy, we want it to become a state again.The statement of home minister Shah that SG Mehta referred to came in Lok Sabha on August 6, 2019 when it cleared the bill to dilute Article 370.
Prime Minister Narendra Modi made the same commitment in a televised address to the nation two days later.Detailing what he called vast improvement on the ground situation in Kashmir, Mehta said local self-government elections have taken place in J-K and 34,000 peoples representatives have been elected only because a sense of security has been instilled among people.
Now there is no hartal, bandhs or stone-pelting and no curfew...
I will show data for the last three decades on casualties suffered, he said.NC leader Mohd Akbar Lones counsel, senior advocate Kapil Sibal, interjected and said the SGs statement meant the situation now has become normal.
In a sharp riposte, Mehta said, Unlike you, I am not only on elections and politics.
I am apprising the Supreme Court on national security issues that prevailed in the erstwhile state and the measures that are being taken to counter it.