Article 370 case: 'J&K not unique’, Supreme Court cites Punjab, Northeast in bifurcation argument
Supreme Court of India on the twelfth day of hearing petitions challenging the abrogation of Article 370 in 2019 granting special status to Jammu and Kashmir noted that the reorganisation of the state was not ‘one of a kind’ as was pointed out by Solicitor General Tushar Mehta. The five judge bench of the Supreme Court comprising Chief Justice of India DY Chandrachud, Justices Sanjay Kishan Kaul, Sanjiv Khanna, BR Gavai, and Surya Kant noted that the case of Jammu and Kashmir bifurcation was no different than other Indian states that have undergone the same.
Solicitor General Tushar Mehta sought to draw apart Jammu and Kashmir during his arguments in the apex court. "If Gujarat or Madhya Pradesh was to be bifurcated, the parameters would be different.
But when Jammu and Kashmir, considering its strategic importance, border state, history of terrorism, history of infiltration, history of outside influence- there would be some considerations. We share borders with at least four countries, all of which may not be friendly to put it mildly." the LiveLaw report quoted SG Mehta.
To this Justice Kaul noted that India has many states that share border with neighbouring countries, Jammu and Kashmir was no exception. Justice Kaul cited Punjab and North east to draw comparison.
To this SG Mehta said, “The history also- how situation in Kashmir is developing, the deaths of civilians, the deaths of security forces, the number of attacks, stone pelting, the hartals, paralysing schools, hospitals, banks, businesses- everything. All of these are policy considerations." "Whenever a state reorganisation takes place, not only are their policy considerations as to why but also a blue print as to what the centre would do after the state is
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