SC questions timing of suspension of Kashmiri Lecturer who appeared before court challenging abrogation of Art 370

Zaroor Ahmed Bhat, A Kashmiri lecturer was put under suspension from the Union Territory’s education department last Friday, two days after he appeared before the Supreme Court pleading against the abrogation of Article 370. The suspension was issued by the Jammu and Kashmir Lieutenant Governor’s office in Srinagar. He had pleaded for just six minutes before the SC bench against the Centre’s move to end J&K’s special constitutional status. The suspension had compelled the SC to raise doubts and the bench of Chief Justice DY Chandrachud had sought a response from the centre on Monday seeking clarity if Zaroor’s suspension had anything to do with his appearance before the SC against article 370 abrogation.

“Mr. Attorney General, please use your good offices to see what happened. Somebody who appears in this court is suspended. Talk to the Lieutenant Governor. If there is some other reason, apart from his appearance in this court, that’s different… But this suspension happens in close succession to his appearance before us… just see what happened,” Chief Justice of India D.Y. Chandrachud asked Attorney General R. Venkataramani.

“Pending enquiry into his conduct, Zahoor Ahmad Bhat, senior lecturer, political science, presently posted at Government Higher Secondary School, Jawahar Nagar, Srinagar, is hereby placed under suspension with immediate effect for violation of provisions of J&K CSR, Jammu and Kashmir Government Employees (conduct) Rules,1971,” read the suspension order issued last Friday where Zaroor has been called delinquent. The timing of the suspension has raised several questions. “I have not seen the order, but the timing and the reference to this aspect. If it is there, then there is a little problem,” Justice Sanjay Kishan Kaul, part of the bench observed. Supreme Court constitution bench has begun hearing all the petitions challenging the abrogation of Article 370. Lecturer Zaroor Ahmad Bhat had appeared as an advocate for his own petition.

While Solicitor General Tushar Mehta, appearing for both the Union of India and the Jammu and Kashmir administration had initially resisted aspersions over the suspension but later admitted that the timing was not proper after the constitution bench Judges expressed scepticism one after the other. “ The timing was definitely not proper… no argument,” said SG Tushar Mehta while adding that there were other reasons behind his suspension. He also assured the bench that he would ask the government officials to look into the matter.

Bhat’s suspension was brought to the attention of the bench by senior advocates Kapil Sibal and Rajiv Dhavan. “He was suspended from the faculty because he argued what he argued in the Article 370 matter…this is not the way our democracy functions. He appears in this court, files written submissions, and the next day he is suspended”, submitted Kapil Sibal while arguing if there were other issues against Bhat then why did the administration wait this long and chose to suspend him only after he appeared before the bench and challenged abrogation of Article 370​