synopsis
The bench questioned the timing of the suspension. It pointed out, "Proximity of his appearance before this court in Article 370 matter and the suspension is something which is causing concern.
The Supreme Court on Monday (August 28) took note on the suspension of a Jammu and Kashmir (J&K) lecturer, who had presented arguments against the abrogation of Article 370 before a Constitution bench. The court expressed concerns over the proximity between the lecturer's suspension and his appearance before them, deeming the situation "suspect."
A five-judge bench led by Chief Justice of India DY Chandrachud directed attorney-general R Venkataramani and solicitor-general Tushar Mehta to communicate with J&K lieutenant governor (L-G) Manoj Sinha. The aim is to understand the reasons behind the suspension of Zahoor Ahmad Bhat, a political science lecturer, on August 25.
Notably, Bhat had appeared as a petitioner in the case challenging the legality of the 2019 revocation of Article 370, which provided J&K with a semi-autonomous status.
Senior advocate Kapil Sibal brought up the issue of the lecturer's suspension before the bench, which includes justices Sanjay Kishan Kaul, Sanjiv Khanna, Bhushan R Gavai, and Surya Kant. Sibal argued that taking action against an individual for presenting their point of view before the Supreme Court is "extremely unfair."
The bench concurred with Sibal's view and requested attorney-general Venkataramani to address the matter. "Learned A-G, please, speak to the L-G and see why this has happened. If there is something else, it is a different matter but somebody who appears before this court and then this happens...Why has this happened in close succession to his appearing here," the bench stated.
Mehta clarified that he had communicated with J&K officials and the suspension of Bhat seems to be due to another reason, unrelated to his appearance in court.
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The bench questioned the timing of the suspension. It pointed out, "Proximity of his appearance before this court in Article 370 matter and the suspension is something which is causing concern. If the reference to his appearance before the court is there in the order of his suspension, there is some problem...The timing appears a little suspect," it told Mehta.
On August 25, the J&K school education department suspended Bhat immediately for violating provisions of J&K Civil Service Regulations, J&K Government Employees Conduct Rules, and J&K Leave Rules.
The suspension order specified that Bhat would remain attached to the office of Director School Education Jammu during the suspension period. Additionally, the L-G office ordered "an in-depth inquiry into the conduct of the delinquent officer."