Supreme Court inquires into suspension of lecturer following Article 370 argument

Supreme Court seeks clarification on suspension of lecturer after Article 370 argument

The Supreme Court of India has urged the Central government to provide insight into the suspension of Zahoor Ahmad Bhat, a senior lecturer of the School Education Department. Bhat had recently presented arguments before the top court regarding the abrogation of Article 370. The court's interest was sparked by concerns about the timing and implications of the suspension following his appearance in a significant case.

During the proceedings on Monday, a five-judge Constitution bench was convened to address the issue. Senior advocate Kapil Sibal highlighted Bhat's situation, stating, "Soon after he appeared before this court, he was suspended. That is not fair. This is not how our democracy should function." Bhat, who had presented his case in person as a petitioner-in-person during a hearing related to Article 370, was suspended by the Jammu and Kashmir administration on August 25, creating an unexpected and concerning development.

Request for transparency

In response to the unfolding situation, Solicitor General Tushar Mehta expressed his own surprise at discovering the suspension through newspapers. He assured the court that necessary actions would be taken to address the issue. Chief Justice DY Chandrachud then requested Mehta to communicate with the Lieutenant Governor of Jammu and Kashmir to uncover the precise reason behind Bhat's suspension. The Chief Justice emphasized the need to understand the context and motives, especially given the swift timing between Bhat's appearance in court and his suspension.

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Solicitor General Mehta underscored that every individual has the right to appear in court and that suspending someone as a form of retribution goes against principles of justice. He noted that there could be underlying issues beyond the appearance in the court case that triggered the suspension. The court also acknowledged the significance of this matter, with Justice SK Kaul highlighting the unusual proximity between Bhat's appearance in court and his suspension. Justice Kaul emphasized that if the suspension was linked to his involvement in the case hearing, it could raise serious concerns.

The context: Article 370 argument

Bhat had stood before the Supreme Court on August 24 to present his argument against the Centre's decision on August 5, 2019, to abrogate Article 370. This Article, which granted special status to Jammu and Kashmir, was a crucial and contentious matter. His participation in the case demonstrated his engagement in a substantial legal issue with far-reaching implications.

Bhat's suspension has sparked conversations about the intersection of legal discourse and administrative actions. His swift suspension following his involvement in the Article 370 case raises questions about whether his appearance triggered his removal. The Supreme Court's proactive approach in seeking transparency from the Central government underscores the importance of ensuring that legal proceedings are not tainted by retribution or backlash.

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