Sibal’s tough questions to the government
In his opening statement, the Solicitor General also cited government figures to highlight the improvement in the law and order situation in Jammu and Kashmir and said that ‘there used to be 52 organized bandhs in 2018 and now it is zero’. This argument was strongly opposed by senior advocate Kapil Sibal. Senior advocate representing the petitioners took a sarcastic jibe at the remark, saying, ‘5000 people are under house arrest and section 144 is in force, so how can there be a dharna?’ He urged the government not to ‘make a mockery of democracy’.
He said, ‘5,000 people were under house arrest… Please don’t make fun of democracy. Section 144 was invoked and internet was shut down. This court has accepted all this. People could not even go to the hospital. He said before a constitution bench headed by Chief Justice DY Chandrachud, ‘So how can there be a bandh or dharna? This court has accepted in a judgment that internet was closed… and then they are saying that there was no shutdown?’ He asked, ‘How can there be a bandh when people could not even go to the hospital?’
Kapil Sibal went berserk
Sibal kept his words and looked on with pomp. He launched several attacks on the government in the Supreme Court, one after the other. “The problem is that it (the hearing) is being telecast on television and it is all on record. There it seems that ‘look what the government is doing’. To this the Solicitor General replied, ‘Progress never creates problems.’ Then the Chief Justice played the role of a mediator in this debate. “The constitutional issue will be dealt with only from a constitutional point of view and not on the basis of policy decisions,” he said.
The CJI told Sibal, ‘If the Solicitor General’s arguments are understood properly, he is saying that it may take some time to return to full statehood. Keeping Jammu and Kashmir a Union Territory is not a permanent feature, but no time limit can be given to it. The government is taking steps in this direction. He further said, ‘But we know that these facts cannot be the answer to the constitutional question.’ The CJI said, ‘From the very beginning of the hearing, we have heard this case in an impartial manner… in a completely impartial manner. We request both sides to maintain it at the same level.
Jammu and Kashmir is ready for elections
During the hearing last Tuesday, the court had stressed the need to restore democracy in Jammu and Kashmir. President’s rule is in force there since June 2018. After the abrogation of Article 370 in August 2019, the government had said that it would restore statehood and hold elections at the appropriate time. Home Minister Amit Shah made statements to this effect in Parliament but no time limit has been set for doing so yet. On Monday, the government told the court that the current situation in Jammu and Kashmir is not permanent and statehood will be restored. The solicitor general said, “It is necessary to keep Jammu and Kashmir under the Union as a Union Territory for the time being… Ultimately, Jammu and Kashmir will become a state again.”