Five distinguished petitioners — including a former Union Home Secretary, retired senior defence officers, and a government-appointed interlocutor — have written an open letter to Chief Justice of India BR Gavai, urging the Supreme Court to take suo motu cognizance of the prolonged delay in restoring statehood to Jammu and Kashmir. The letter expresses serious concern over what the signatories describe as a violation of the Constitution’s basic structure doctrine and a threat to Indian federalism, following the continued designation of Jammu and Kashmir as a Union Territory since the revocation of Article 370 in 2019.
The petitioners include Radha Kumar, a former member of the Group of Interlocutors for Jammu and Kashmir; Gopal Pillai, former Union Home Secretary; Major-General Ashok K. Mehta (Retd) of the Indian Army; Air Vice-Marshal Kapil Kak (Retd) of the Indian Air Force; and Amitabha Pande, former Union Secretary, Inter-State Council of India. They cite multiple assurances made by the Union Government in Parliament, as well as statements and directions from the Supreme Court in its 2023 verdict, that had indicated statehood would be restored. However, with no visible progress, they argue that the ongoing Union Territory status undermines democratic representation and sets a dangerous precedent for other states.
In their letter, the petitioners raise apprehensions that the Union government may attempt to delay the process further by citing the recent terrorist attack in Pahalgam in April 2025. They reject this potential justification, stating that such an argument is not only untenable but also contrary to the spirit of democratic accountability. According to them, the current moment is precisely when statehood should be restored. They point to the high voter turnout and peaceful conduct of the October 2024 assembly elections, in which the National Conference secured an absolute majority, as clear evidence of the people’s aspiration for an elected government with the legitimacy to govern.
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The letter also sharply criticises the administration of Lieutenant Governor Manoj Sinha, alleging that it has taken hasty and unjustified punitive actions that have generated widespread public anger. The petitioners argue that the situation is worsened by the consistent exclusion of the elected government from crucial governance mechanisms, particularly those involving security and grievance redressal.
They assert that the Chief Minister is not briefed on security matters and that the Lieutenant Governor has refused to involve the elected government in civil service affairs, despite the Supreme Court’s ruling in a similar case involving Delhi’s governance structure.
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Additionally, the letter highlights the absence of a human rights commission in Jammu and Kashmir and the lack of police accountability to elected representatives, which, they argue, leaves ordinary citizens without any formal recourse for justice. They warn that while the post-Pahalgam environment initially held promise for peace, the current administrative approach is causing that environment to deteriorate rapidly.
In light of these concerns, the petitioners have called upon the Supreme Court to take immediate cognizance of the situation. They urge the Court to constitute a bench to hear petitions challenging the constitutionality of the abrogation of Jammu and Kashmir’s statehood and to set a clear and early deadline for its restoration. Emphasising the urgency, the signatories state that the restoration of statehood, along with civil and political rights, is the most effective remedy to safeguard the democratic values and federal principles enshrined in the Indian Constitution.
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