Supreme Court Stresses Security Concerns in J&K Statehood Debate

The Supreme Court has stated that demands for restoring Jammu and Kashmir’s statehood cannot be seen in isolation from the Pahalgam terror attack and its broader security implications. This observation came during a hearing on a petition that seeks implementation of the court’s December 2023 order, which directed that J&K’s statehood be restored soon after Assembly elections. Those elections were held in September-October 2024, leading to a government formed by Omar Abdullah’s National Conference in alliance with the Congress. The petition argues that the delay in restoration undermines India’s federal structure, urging the court to set a two-month deadline. Chief Justice BR Gavai, however, first asked the central government to respond, with Solicitor General Tushar Mehta saying he would seek instructions but questioned the timing of renewed agitation over the issue.

Jammu and Kashmir has remained a Union Territory since August 2019, when it was bifurcated into J&K and Ladakh following the abrogation of Article 370. The central government has maintained that statehood will be restored at an “appropriate time” but has never committed to a specific timeline. Omar Abdullah recently wrote to leaders of all political parties urging the introduction of a bill in Parliament to restore statehood, calling it an “essential course correction” rather than a favour. Statehood was also a prominent campaign issue for the Congress, National Conference, and other INDIA bloc members, who accused the BJP of delaying its promise.

The security dimension intensified after the April 22 Pahalgam terror attack, where 26 people were killed by Lashkar-e-Taiba-linked terrorists who targeted victims based on religious identity. India blamed Pakistan’s military establishment for the incident and launched Operation Sindoor, targeting terror camps in Pakistan and Pakistan-occupied Kashmir. This led to an 88-hour military confrontation before Pakistan requested a ceasefire. Subsequent operations by security forces in July neutralised three of the terrorists involved in the Pahalgam attack, underscoring the continuing volatility in the region and complicating the statehood restoration debate.

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