The Supreme Court’s has deferred hearing on a plea seeking early assembly polls in Jammu and Kashmir. The bench comprising Chief Justice D Y Chandrachud and Justices P S Narasimha and Manoj Misra chose to adjourn the matter, citing the upcoming hearing on petitions challenging the abrogation of Article 370 on July 11. The petition filed by National Panthers Party leaders, Manju Singh and Harsh Dev Singh, highlights the critical issue of “disenfranchisement” faced by the people of Jammu and Kashmir.
The apex court will start hearing a batch of 23 petitions challenging the union government’s decision to revoke Jammu and Kashmir’s special status to decide on the legality of this move. The decision to scrap Article 370, which granted special rights and privileges to the people of Jammu and Kashmir since 1954, has been a contentious issue since its implementation in August 2019.
With the matter last heard in March 2020 and subsequently put on hold, the Supreme Court has formed a five-judge constitution bench led by Chief Justice D.Y. Chandrachud to “pass directions” and schedule hearings on the challenge to the Presidential Order of August 5-6, 2019, and the Jammu and Kashmir Reorganisation Act, 2019. Legal experts reckon that the actual hearings will likely take place in August, following the initial directions issued by the bench.
Former Chief Justice N.V. Ramana agreed to list the matter for an “early” hearing but failed to follow through. However, the Supreme Court’s recent decision to prioritize the case and finally schedule hearings has been welcomed by political parties, including the Peoples Democratic Party and the National Conference.
Former Jammu and Kashmir Chief Minister Mehbooba Mufti, who heads the People’s Democratic Party, expressed her hope that justice would be upheld and delivered to the people of Jammu and Kashmir. She referred to the Supreme Court’s previous ruling, which stated that the abrogation of Article 370 could only occur upon the recommendation of the J&K constituent assembly. Similarly, former Chief Minister Omar Abdullah of the National Conference expressed his desire for the hearings to begin earnestly.
Since the court has now linked the question of holding of Assembly elections with the long-pending hearings on Article 370, J&K may have to wait for some more time before the polls are held. And this may not be a good news for people of the union territory. Will elections be held in J&K until after the decision on the legality of the revocation of Article 370 is decided by the apex court. For now, things are not clear on this score. But if we go by the public opinion in Jammu and Kashmir, holding of Assembly elections in the UT has a widespread support. And it is time that both the union government and the supreme court sympathetically consider this sentiment.
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