The Supreme Court has sought a response from the Jammu and Kashmir administration regarding the recent suspension of a lecturer who had argued before the court regarding Article 370 abrogation. The court has called upon the Attorney General for India to investigate this suspension, expressing concerns over the timing and its potential implication on the freedom of speech.
The lecturer in question, Zahoor Ahmad Bhat, had presented himself as party-in-person on August 24, expressing his concern about the abrogation of Article 370. He highlighted the challenges he faces while teaching the principles of the Indian Constitution and democracy to students in the Jammu and Kashmir region post the events of August 2019.
When the court proceeding started on Monday, senior advocate Kabil Sibal mentioned the matter before the bench headed by Chief Justice D Y Chandrachud. Mr Sibal noted that Mr Bhat had taken a brief leave to appear before the Constitution Bench and was subsequently suspended upon returning to his duties. “This is unfair, I am sure the AG will look at it,” Mr Sibal asserted.
Chief Justice acknowledged the concerns and directed the attention of Attorney General, R Venkataramani towards the matter. To this Solicitor General Tushar Mehta replied and urged caution against relying solely on media reports. He added that the suspension may be due to other reasons as well.
However, Mr Sibal pointed out that the suspension order explicitly mentioned Mr Bhat’s appearance before the court. To this court raised the concern regarding the proximity of events in the current issue. Justice Kaul specifically highlighted that if the suspension letter indeed referenced Bhat’s appearance, then a serious problem arises.
“It is a challenging situation for educators like me when we teach the principles of this beautiful constitution and the ideals of democracy to our students in Jammu and Kashmir. Students often pose a difficult question – are we still a democracy after the events of August 2019? Answering this question becomes extremely complex and challenging for me”, Mr Bhat had submitted during the hearing.