JK News Today
In utter wonderment whether it serves any purpose for Kashmiris to approach the Supreme Court of India.
Since 1947, I can’t recall any single judgement which the Kashmiris could recall as pathbreaking. Or contrary to the narrative.
Kashmir has seen rigging, violence, human rights violations, PSAs, disappearances. And one name conspicuously absent is the Supreme Court. Typically Supreme Court intervention could have been suo moto, such was the gravity of events.
Law was not even ornamentally visible for a decade.
Then came the abrogation of Article 370. And we all rushed to Supreme Court. The court endorsed the Union government version and literally closed the legal doors on 370 for all times to come.
Alongside Article 370 came up the issue of statehood. The Supreme Court set a date for elections, but was non commital in statehood.
In the statehood petition, there was one v v important factor. And that was whether the act of relegating a state to UT by the Union government was legal or illegal. A ruling on this question would have set a legal precedent for all other states. If the Supreme Court had ruled that the act of relegating a state to UT was legal, that would have been a big big challenge to Federalism in India. Any Union government could have at whim relegated any state partly or fully to a UT without any justification.
Had the Supreme Court ruled that the relegation was illegal, we would have automatically got our statehood back.
The Supreme Court simply decided to not answer the question, thereby evading a challenge to federalism, saving other states from the sword of relegation. And Kashmir. Well Kashmir continues to be a UT.
So now Farooq sahib and CM sahib want to go to court. I suspect another fixed match. Supreme Court has not delivered in the past. Why on earth would it deliver now.
Is it yet another trap to end the statehood dreams in the near future through legal intervention. Forget the history. Going to Supreme Court in the aftermath of war, fought in J & K does not make sense.
What transpired on 4 August 2019, between Farooq Sahib , CM sahib and PM— no one will ever know.
Where we will end as a result of the fixed matches— nobody will know. It doesn’t look good though.
What we see is certainly not what it is. What we don’t see is certainly what it is.
