Why Lecturer Suspended Soon After Appearing In Article 370 Case? Supreme Court Asks Jammu & Kashmir Administration

The Supreme Court on Monday asked the Attorney General for India to look into decision of Jammu and Kashmir Education Department to suspend a lecturer, who had argued in the Article 370 matter before the Constitution Bench last week.

As soon as the bench led by Chief Justice of India DY Chandrachud assembled today morning to commence the hearing, Senior Advocate Kapil Sibal mentioned the lecturer's suspension. Sibal submitted that Zahoor Ahmad Bhat, the academic, had taken leave for two days to appear in the matter and when he went back, he was suspended. "This is unfair, I am sure the AG will look at it", Sibal said.

"Mr AG, please see this", CJI told AG R Venkataramani.

At this juncture, Solicitor General of India Tushar Mehta interjected, "I have checked up after having read in the newspapers. What is reported in the newspapers may not be the whole truth". Sibal then quickly pointed out that the suspension order passed on August 25 makes a reference to his appearance in the case. 

"There are other issues. He appears in various courts and there are other issues also. We can place it before court", SG said.

"Then he should have been suspended earlier, why now? This is not fair. This is not the way democracy should function", Sibal said.

At this juncture, Chief Justice of India DY Chandrachud asked Attorney General R Venkataramani to see what has happened.

"Somebody who has appeared before this court is suspended...", CJI said.

"We will look into it", SG Tushar Mehta stated.

"Talk to the Lieutenant General 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?", CJI told the AG. AG agreed to look into the issue.

"On 24th he appeared and the next day he is suspended. The order refers to it. I am sure the Attorney will make use of his good offices", Sibal stated.

"Everyone has a right to appear before the court. It cannot be done as a retribution", SG said.

"Mr.Solicitor, the close proximity between the order and the arguments!", Justice Gavai pointed out.

"The timing is not proper. I agree", SG said. Justice Kaul then said that if the letter of suspension has reference to his appearance, then "there is a problem".

"What happens to so much freedom?", Justice Gavai asked.

The lecturer in question, Zafoor Ahmad Bhat, had appeared as a party-in-person on August 24, expressing his deep concerns about the manner in which Article 370 was abrogated. He emphasized the difficulty he faced when trying to teach the principles of the Indian Constitution and democracy to students in the region.

"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 had submitted.