Supreme Court asks AG to talk to J-K L-G about suspension of lecturer who argued against abrogation of Article 370

Satya Prakash

New Delhi, August 28

The Supreme Court on Monday asked Attorney General R Venkataramani to talk to Jammu and Kashmir Lt Governor Manoj Sinha and find out the reasons behind the suspension of Zahoor Ahmed Bhat — a lecturer – who argued in favour of Article 370 in the top court last week.

“Mr AG, please see this…,” CJI DY Chandrachud told Venkataramani after senior counsel Kapil Sibal raised the issue at the outset of the day-11 hearing on petitions challenging the nullification of Article 370 and bifurcation of Jammu and Kashmir into union territories in August 2019.

The Jammu and Kashmir Administration suspended Bhat — a senior lecturer in political science at the Government Higher Secondary School located in Jawahar Nagar, Srinagar – on August 25 pending an inquiry into his conduct for violation of provisions outlined in the Jammu and Kashmir Civil Services Regulations (CSR), Jammu and Kashmir Government Employees (Conduct) Rules of 1971, and Jammu and Kashmir Leave Rules. Bhat has been directed to report to the office of the Director School Education in Jammu during his suspension.

“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,” Bhat argued on August 24.

As the five-judge Bench led by CJI Chandrachud assembled, Sibal drew the attention of the Bench to the issue. “He (Bhat) argued here for a few minutes and he has been suspended. This was after he argued here…This is unfair, I am sure the AG will look at it”, Sibal told the Bench which also included Justice SK Kaul, Justice Sanjiv Khanna, Justice BR Gavai and Justice Surya Kant.

“On 24th (August) he appeared before this court and the next day he was suspended. The order refers to it. I am sure the Attorney will make use of his good offices,” Sibal submitted.

“I have checked up after having read in the newspapers. What is reported in the newspapers may not be the whole truth. There are other issues also. He appears in other courts. We will place before you (the Bench),” Solicitor General Tushar Mehta told the Bench.

“Then, he should have been suspended earlier. Why now? This is not fair. This is not the way democracy should function,” Sibal submitted.

“Somebody who has appeared before this court is suspended…Talk to the Lt Governor and see what has happened. If there is something apart from this, then it is different. But why this in close succession to him appearing in the matter?” the CJI told the Attorney General who agreed to look into the matter.

“If the letter of suspension has reference to his (Bhat’s) appearance, then there is a problem,” said Justice Kaul.

As Justice Gavai pointed out the close proximity between the suspension order and Bhat’s arguments, Mehta said, “Everyone has a right to appear before the court. It (suspension) can’t be done as a retribution. The timing is not correct, I agree.”

“What happens to so much freedom, then? If it has happened due to appearance here (before the Supreme Court), then it’s indeed retribution,” Justice Gavai commented.