The decision to abrogate Article 370 of the Constitution has brought peace, progress and stability to Jammu and Kashmir that was missing before, the Centre told the Supreme Court in an affidavit on Monday.

The Ministry of Home Affairs filed the affidavit in response to over 20 petitions challenging the government’s decisions to cancel Jammu and Kashmir’s special status and split the erstwhile state into two Union Territories. A five-judge Constitution bench will hear the matter on Tuesday.

The Union government had taken both decisions on August 5, 2019. The Centre had also repealed Article 35A of the Constitution, which ensured special rights and privileges to people defined as “permanent residents” of Jammu and Kashmir. Since then, the region has been under central rule.

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In its affidavit, the ministry claimed that since 2019, normalcy has returned to Jammu and Kashmir after three decades of turmoil.

“It is submitted that the hosting of G-20 Tourism Working Group meeting at Srinagar in the month of May 2023, was a watershed event in the history of valley tourism and the country proudly displayed its resolute commitment to the world that secessionist terrorist region can be converted into a region where even international dignitaries can be invited and global events can be held,” the affidavit claimed.

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It also claimed street violence, carried out by terrorists and secessionists, was a defining characteristic of the security situation of the region but has now “become a thing of the past”. It claimed that stone-throwing incidents stood at 167 in 2018 but have fallen to zero this year.

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The affidavit said that bandhs and stone-throwing incidents led to educational institutions, trade, industries and businesses having to close down on a regular basis, which caused severe loss of income especially to the poor and those who worked in unorganised sectors.

“In the year 2018, there were 52 incidents of organised bandh/hartal, which have come down to zero in the year 2023 till date,” it said. “In addition, resolute anti-terror actions have resulted in dismantling of the terror ecosystem which is reflected in a significant drop in terrorist recruitment from 199 in the year 2018 to 12 in the year 2023 till date.”

The affidavit also said that all Central laws are applicable in the Union Territory, allowing citizens to have rights under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act and Right of Children to Free and Compulsory Education Act.

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“It is submitted that with the improved security scenario, the Union territory has also witnessed highest ever footfall of tourists viz. 1.88 crore tourists visited Jammu & Kashmir only during January 1, 2022 to December 31, 2022, which is significantly contributing to the growth of the economy and has a direct impact on the income of common man”, the affidavit added.

Centre’s defence lacks logic: Mehbooba Mufti

The Centre’s affidavit lacked logic to defend its “illegal and unconstitutional” decision to scrap statehood, Peoples Democratic Party chief Mehbooba Mufti said on Monday.

Claiming that a “brute majority” was used to subvert the Indian Constitution, she said that the Centre’s decision violated earlier rulings of the Supreme Court which held that only Jammu and Kashmir’s constituent Assembly can recommend the removal of Article 370 to the President of India.

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“Drum beating about an enforced silence and so-called grassroots democracy cant be used to justify constitutional harakiri,” she added.

National Conference leader Omar Abdullah said that the Centre’s affidavit had “political arguments” to sell the decision to voters, but did not have legal arguments.

“The entire case in the SC is about the illegality and unconstitutionality of what was done on 5th August 2019, not whether the government has a strong enough political case,” he tweeted.