SC to hear on Aug 14 plea for restoring Jammu & Kashmir statehood
New Delhi (PTI): The Supreme Court would on Thursday hear a plea for the restoration of statehood to Jammu and Kashmir.
A bench of Chief Justice of India B R Gavai and Justice K Vinod Chandran is likely to hear the matter, according to the causelist.
On December 11, 2023, the Supreme Court unanimously upheld the revocation of Article 370, even as it ordered that assembly elections be held in Jammu and Kashmir by September 2024 and its statehood be restored "at the earliest".
Last year, a plea was filed in the top court seeking directions to the Centre for the restoration of statehood to Jammu and Kashmir within two months.
The application was filed by Zahoor Ahmad Bhat, an academician, and Khurshaid Ahmad Malik, a socio-political activist.
"It is submitted that the delay in the restoration of statehood would cause serious reduction of democratically elected government in Jammu and Kashmir, causing a grave violation of the idea of federalism which forms part of the basic structure of the Constitution of India," the application said.
The assembly elections and the Lok Sabha polls were conducted peacefully in Jammu and Kashmir without any incident of violence, disturbance or any security concerns being reported, it said.
"Therefore, there is no impediment of security concerns, violence or any other disturbances which would hinder or prevent the grant/restoration of the status of statehood to Jammu and Kashmir as had been assured by the Union of India in the present proceedings," the plea said.
The non-restoration of the status of statehood of Jammu and Kashmir, the plea said, would result in a lesser form of elected democratic government to the state, particularly given legislative assembly results were declared on October 8, 2024.
Despite the apex court's directions for the restoration of statehood to Jammu and Kashmir "at the earliest and as soon as possible", no steps have been taken by the Centre to provide any timeline for the implementation of such directions, it claimed.
"Jammu and Kashmir is being operated as a Union Territory for a period of almost five years now, which has caused many impediments and grave losses to the development of Jammu and Kashmir and has affected the democratic rights of its citizens," the plea added.
In its December 2023 verdict, the apex court held that Article 370, which was incorporated in the Indian Constitution in 1949 to grant special status to Jammu and Kashmir, was a temporary provision. The President of India was empowered to revoke the measure in the absence of the Constituent Assembly of the erstwhile state whose term expired in 1957, the court said.
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HC questions Delhi govt over failure to regulate sale of old vehicles, refers to Red Fort blast
New Delhi (PTI): The Delhi High Court questioned the city government on Wednesday over its failure to regulate the sale and transfer of used vehicles, while pointing out that in a recent bomb blast near the Red Fort, a second-hand car was used, making the issue more significant.
A bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela asked the Delhi government to file a detailed response on the issue of regulating authorised dealers of registered vehicles.
"A car changes four hands but the original owner has not changed. Therefore, what happens? That man (the original owner) goes to the slaughterhouse? What is this? How are you permitting this? You will take a call when two-three more bomb blasts take place?" the bench asked the Delhi government's counsel.
The bomb blast near the iconic Mughal-era monument was carried out using a second-hand car, making the issue even more significant, it said.
The court listed the matter for further hearing in January 2026.
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The court was hearing a public interest litigation (PIL) plea filed by an organisation, Towards Happy Earth Foundation, highlighting the challenges in the implementation of rules 55A to 55H of the Central Motor Vehicles Rules, introduced in December 2022 to regulate authorised dealers of registered vehicles.
While the rules were intended to bring accountability to the second-hand vehicle market, the petitioner's counsel argued that they have failed in practice due to regulatory gaps and procedural hurdles.
The plea said there is a major gap in the amended framework, that is, the absence of any statutory mechanism for reporting dealer-to-dealer transfers.
"In reality, most used vehicles pass through multiple dealers before reaching the final buyer, but the rules recognise only the first transfer to the initial authorised dealer.
"As a result, the chain of custody breaks after the first step, defeating the very purpose of accountability," the petition said.
It added that because of these gaps, only a very small percentage of dealers across India have been able to obtain authorised dealer registration and in Delhi, not a single dealer has got it.
Consequently, lakhs of vehicles continue to circulate without any record of who is actually in possession of those, it said.
The plea said only a small fraction of India's estimated 30,000 to 40,000 used-vehicle dealers are registered under the authorised-dealer framework.
The petition also pointed out that the 11-year-old vehicle used in the November 10 bomb blast near the Red Fort was sold several times but was still registered in its original owner's name.
The blast near the Red Fort had claimed 15 lives.
