Five Eminent Citizens Petition Supreme Court for Early Restoration of Jammu & Kashmir’s Statehood

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Former Bureaucrats and Defence Officials Seek Judicial Intervention

In a significant development, five eminent citizens—including retired civil servants, defence officials, and a former government-appointed interlocutor—have jointly penned an open letter addressed to Chief Justice of India, BR Gavai, urging the Supreme Court of India to take suo motu cognisance of the continued delay in restoring full statehood to Jammu and Kashmir.

The petitioners include:

• Radha Kumar, former member of the Group of Interlocutors for J&K

• Gopal Pillai, former Union Home Secretary

• 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

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Statehood Assurances Unfulfilled Since Abrogation of Article 370

The plea is rooted in the concerns that despite repeated assurances from the Union Government—both inside and outside Parliament—and the 2023 Supreme Court verdict, there has been no visible timeline or commitment to restoring statehood to Jammu and Kashmir.

The petitioners argue that the continuation of Union Territory status, first imposed in August 2019 following the abrogation of Article 370, violates the Constitution’s basic structure doctrine—particularly the principles of federalism and democratic representation.

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Post-Pahalgam Justifications Not Tenable, Say Petitioners

Addressing recent security concerns, the letter also anticipates that the Union Government may cite the April 2025 Pahalgam terror attack as a reason to further delay restoration of statehood. However, the signatories strongly refute this, stating:

"Not only is that argument not tenable, but it can be argued that this is exactly the time to do so."

They highlight that the October 2024 Assembly elections saw a high voter turnout, were conducted peacefully, and resulted in an absolute majority for the regional party, the National Conference. This, they contend, clearly reflects the people’s mandate for an elected government capable of governing in accordance with public will.

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Exclusion of Elected Representatives Fuels Public Distrust

The letter criticizes the Lieutenant Governor’s administration under Manoj Sinha for sidelining elected representatives. It cites:

• The exclusion of the Chief Minister from security briefings

• The LG’s refusal to involve the elected government in civil services appointments

• The absence of a State Human Rights Commission

• Police unaccountability to legislative bodies

According to the petitioners, these practices undermine democratic governance and have triggered widespread public anger.

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Call for Urgent Supreme Court Bench and Early Deadline

In conclusion, the letter calls upon the Supreme Court to:

• Take suo motu cognisance of the prolonged delay

• Constitute a special bench to hear pending petitions regarding the unconstitutionality of the withdrawal of statehood

• Set a specific deadline for the restoration of Jammu and Kashmir’s statehood

The letter warns that the fragile post-Pahalgam environment is deteriorating and that the restoration of civil and political rights through full statehood is critical to stabilizing the region and reaffirming the democratic contract with its citizens.

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Final Thought

This appeal comes from highly respected voices in India’s administrative and defence communities. Their intervention underscores the urgency of restoring democratic federal governance in Jammu and Kashmir and preventing a dangerous precedent of indefinite central rule in Indian states.

The Supreme Court’s response to this appeal will have far-reaching implications for Indian federalism, electoral democracy, and constitutional propriety.