Five petitioners including a former Union Home Secretary, retired defence officers, and a government-appointed interlocutor — have written an open letter to Chief Justice of India BR Gavai, urging the Supreme Court to take suo moto cognizance of the continuing delay in restoring statehood to Jammu and Kashmir.
Citing assurances made by the Union Government, parliamentary statements, and the Supreme Court’s observations in the 2023 verdict, the signatories expressed concern that the prolonged Union Territory status, imposed in 2019, violates the Constitution’s basic structure doctrine and sets a dangerous precedent for Indian federalism.
The petitioners, in their letter to the CJI, have also raised concerns that the Union government may argue that, considering the recent Pahalgam terrorist attack, now is not an appropriate time to restore statehood in J&K. However, the petitioners have asserted that this is not a tenable argument against bringing statehood to the region.
“We are concerned that the Union administration will again argue that the time is not appropriate for the restoration of Jammu and Kashmir’s statehood, given the Pahalgam terrorist attack of April 2025. Not only is that argument not tenable, but it can be argued that this is exactly the time to do so. The high turnout in the October 2024 assembly elections, with no violence, and the absolute majority of electors gave the National Conference, a regional party, indicated the people had voted for an elected administration with the strength to govern according to public aspirations”, the letter reads.
Furthermore, the letter argues that the Lieutenant Governor Manoj Sinha administration’s hasty and unjustified punitive actions have triggered widespread public anger, which is exacerbated by the exclusion of the elected government from security and grievance redressal processes.
The Chief Minister is excluded from security briefings, and the Lieutenant-Governor has rejected the elected government’s request to be involved in civil service matters despite a Supreme Court ruling in a similar Delhi case, the letter asserts.
It is further stated in the letter that with no human rights commission in J&K and police not answerable to elected representatives, citizens have no avenue for redress.
The letter warns that the post-Pahalgam environment, which is conducive to peace, is deteriorating and stresses that restoring statehood, with civil and political rights, is the most effective remedy.
Thus, the petitioners have appealed to the top court to take suo motu cognisance of this letter, constitute a bench of the Supreme Court to hear petitions on the unconstitutionality of the removal of Jammu and Kashmir’s statehood and to set an early deadline for its restoration.
The five petitioners are Radha Kumar, a former member of the Group of Interlocutors for Jammu and Kashmir. Gopal Pillai, former Union Home Secretary of India. Major-General Ashok K. Mehta (retd), Indian Army. Air Vice-Marshal Kapil Kak (retd). Indian Air Force Amitabha Pande. Former Union Secretary, Inter-State Council of India. (ANI)
