If lecturer’s suspension by J&K admin is due to his appearance in Article 370 case, please look into it: Supreme Court to government

The Supreme Court on Monday asked the Central government to ascertain the reason behind suspension of a senior lecturer of the School Education Department, Dr. Zahoor Ahmad Bhat who reportedly appeared before the Supreme Court in the ongoing challenge to the abrogation of Article 370 of the Constitution.

The issue was mentioned before a Constitution Bench led by Chief Justice of India (CJI) DY Chandrachud by Senior Advocate Kapil Sibal during the hearing of the Article 370 case.

Sibal told the Court that Dr. Bhat was suspended after he argued against the abrogation of Article 370 in the apex court.

Solicitor General (SG) Tushar Mehta stated that he himself discovered the development in newspapers. He further stated that there were other issues as Dr. Bhat appears in other courts as well.

“(Then) he should have been suspended earlier.. why now? This is not fair,” Sibal said.

The CJI then requested SG Mehta to speak to the Lieutenant Governor of Jammu & Kashmir to ascertain the reason behind the professor’s suspension.

The CJI further noted that if the suspension was based on factors unrelated to the professor’s involvement in the case, then it could be deemed acceptable. However, he urged the SG to look into the matter if the suspension was indeed a result of the professor’s appearance in the case.

“Talk to the Lieutenant Governor and find out what can be done. If there is something else then it is (fine). But if due to appearance in this court then please look into it,” he said.

In response, SG Mehta stated that everyone has a right to appear in Court and the professor could not be suspended as retribution. He also agreed that the timing of the decision was incorrect.

Justice BR Gavai too remarked that it the suspension happened due to the professor appearing in the case, then it was indeed retribution.

Dr. Bhat was suspended by the Jammu and Kashmir administration on August 25.

He had appeared as a petitioner-in-person in an interlocutory application in the Article 370 matter and argued before the Constitution Bench on August 23.

The administration of the Union Territory had ordered that Bhat will remain attached in the office of Director School Education, Jammu during the period of suspension.