Supreme Court Takes Notice Of Lecturer's Suspension After Arguing Before It Against Article 370 Abrogation; Asks AG To Look Into It

The Supreme Court, today, asked the Attorney General of India to look into the suspension of the Advocate and lecturer, Zahoor Ahmad Bhat, from service as a senior lecturer at a government school in Srinagar, a day after his appearance and arguments before the Constitution Bench that is currently hearing petitions challenging the abrogation of Article 370.

The Bench of the Chief Justice of India D.Y. Chandrachud, Justice Sanjay Kishan Kaul, Justice Sanjiv Khanna, Justice BR Gavai, and Justice Surya Kant, was at the outset informed by the Senior Advocate Kapil Sibal, appearing for the Petitioners, that Zahoor Ahmad Bhat has been suspended from his position following his participation in the ongoing hearing.

Sibal submitted "Milords, Zahoor Ahmad Bhat, the academician, who argued for a few minutes and because he argued what he argued, he was suspended from the faculty on 25th August. He took leave for 2 days and when he was back he was suspended on 25th August. These things should not happen in our country. I am sure the Attorney General will look at it."

In light of this, the Chief Justice of India (CJI) asked Attorney General R. Venkatramani to examine the situation. The CJI remarked, "Mr. Attorney General, just see what Mr. Sibal is saying". To this, the Solicitor General Tushar Mehta promptly responded, "I have checked it after reading it in the newspapers. I did check up and even the Advocate General is here, what is reported in the newspaper may not be the whole truth. He files Petitions, and there are other issues. He appears in various Courts and there are other issues also. We can place it before your lordships."

To this, Sibal added, "But then he should have been suspended earlier, why now? He gave written submissions here. This is not fair and this is not the way our democracy should function".

"Mr. Attorney General, just see what has happened, somebody who appears in this Court is suspended. Have a look into it and talk to the Lieutenant Governor. If there is something apart from this then that's different, but you know... why in such close succession to his appearing before us then" asked the CJI.

"The order refers to this, he appeared here and the next day he was suspended. I am sure the Attorney will use his good office", said Sibal. "Officers are here and it will be taken care of. Not concerning this, everyone has a right to appear before your lordship it can never be by a way of retribution" replied the SG.

Justice Gavai additionally highlighted, "Mr. SG, the close proximity between the arguments and the order." In response, the SG conceded, "Timing is not proper, I bow down on that. No argument on that."

Furthermore, Justice Kaul commented, "The timing and reference to this aspect, if it is there in the letter. I don't know, I have not seen the letter but if the reference to his appearance here is there then there is a little problem". 

Zahoor Ahmad Bhat, appearing in person had filed an intervention application in the batch of Petitions concerning the abrogation of Article 370 and on August 23, submitted to the Court "I teach Indian politics, to the students in Jammu and Kashmir, and it is very embarrassing and very difficult for me. People like me since 2019, when we teach this beautiful Constitution and beautiful democracy then they will ask, are we really a democracy since post 19th August 2009, that is very difficult for us to answer. Basically, it was unbelievable on 4th August 2019, when despite the assurance of the Governor that Article 370 will not be abrogated but at midnight, a curfew was imposed."

Bhat had further submitted that "Within two days, 5th and 6th August, the special status of Jammu and Kashmir was downgraded into two union territories, union territory of Ladakh and union territory of Jammu and Kashmir. These impugned actions are completely in violation of the Constitution and morality of the Constitution of India"

Earlier, the Supreme Court allowed the application filed by the Indian Administrative Service (IAS) officer, Shah Faesal, seeking the deletion of his name from the list of the Petitioners challenging the abrogation of article 370. Shah resigned from his post in 2018 to protest the continuous loss of life in Kashmir and was reinstated in the services after the Central government rejected his resignation.