28-08-2023 : In a recent development, the Supreme Court has turned its attention towards the suspension of a lecturer from the Jammu and Kashmir education department. This lecturer, Zahoor Ahmad Bhat, had presented arguments before the apex court on a matter linked to the abrogation of Article 370. A five-judge bench, led by Chief Justice D Y Chandrachud, directed Attorney General R Venkataramani and Solicitor General Tushar Mehta to delve into this issue and provide insights.
Bhat, who appeared as a petitioner in-person on August 24 during the hearings, had been suspended from his position by the Jammu and Kashmir administration. The Chief Justice, along with Justices Sanjay Kishan Kaul, Sanjiv Khanna, BR Gavai, and Surya Kant, acknowledged this suspension and voiced concerns regarding the matter’s implications.
As the court proceedings resumed, senior advocates Kapil Sibal and Rajeev Dhavan drew attention to Bhat’s suspension post his appearance before the Supreme Court. Sibal expressed his surprise at Bhat’s suspension, highlighting that he had sought leave for a mere two days, presented arguments before the court, and was subsequently suspended upon his return.
Expressing their disapproval, the bench called upon Venkataramani to engage with the Lieutenant Governor of Jammu and Kashmir to investigate the situation. The justices articulated their reservations, emphasizing that the suspension of someone who had argued before the Supreme Court should not be taken lightly.
In response, Venkataramani assured the court that he would look into the matter. Solicitor General Tushar Mehta revealed that after reading about Bhat’s suspension in a newspaper, he contacted the administration and was informed that the suspension was based on several factors, including Bhat’s frequent filing of petitions in different courts. Mehta assured the court that all relevant materials regarding Bhat’s suspension could be presented if necessary.
Sibal countered by pointing out that if there were other grounds for suspension, they should have surfaced earlier. He held up the suspension order, which explicitly linked Bhat’s arguments before the court as the reason for his suspension. Sibal stressed that such an action was unfair and not in line with democratic principles. The bench concurred, noting that if the suspension closely followed Bhat’s argument before the court, it required further investigation.
Mehta admitted that the timing of the suspension was indeed questionable and pledged to examine the matter more closely. Notably, on August 24, Bhat had appeared in person before the Supreme Court to argue against the decision made by the central government on August 5, 2019, to abrogate Article 370.
Following his appearance, Bhat’s posting in Srinagar was altered, and he was attached to the office of the Director School Education, Jammu. A senior official was assigned to conduct a comprehensive inquiry into Bhat’s conduct during this period. The suspension order, issued by School Education Department Principal Secretary Alok Kumar, cited violations of various rules as the basis for the suspension.
Zahoor Ahmad Bhat, hailing from Budgam district in central Kashmir, is a holder of a law degree. His personal appearance before the Supreme Court was related to a series of petitions challenging the scrapping of Article 370, which had previously granted special status to the erstwhile state. This significant constitutional change led to the bifurcation of Jammu and Kashmir into the Union territories of J-K and Ladakh on August 5, 2019.