SC refuses to interfere in Amarnath land transfer row

The Supreme Court has refused to interfere with the Jammu and Kashmir govt's decision to revoke the transfer of land to Amarnath Shrine Board but directed the authorities to provide security to pilgrims stranded in the state. "We cannot revoke a cabinet decision," a Bench headed by Justice Altamas Kabir said while declining to go into the question of directing the administration to lift the curfew from Jammu region, which witnessed violent protests against the revocation of the land transfer order. "We are not going to withdraw curfew. Lifting the curfew is beyond our jurisdiction," the Bench, also comprising Justice G S Singhvi said while hearing a PIL filed Bhim Singh, Chairman of the Jammu and Kashmir National Panthers Party. The Bench, however, allowed his prayer that adequate security and medical facilities be provided to stranded pilgrims to Amarnath and Vaishno Devi shrines. "Pilgrims either to Vaishno Devi or Amarnath Shrine be provided adequate security till they complete their pilgrimage and leave Jammu and Kashmir," the Bench said. It said various other issues and submissions including compensation to families of victims killed and injured in police firing during the protest could not be considered as these issues were not for the courts to decide and fell in the domain of the administration. While directing the authorities to provide medical facilities to residents in the curfew-hit areas, the Bench cautioned Singh, who had filed the PIL in his personal capacity, not to extract political mileage out of it. The Bench said it has come across petitions which under the garb of PIL are "publicity interest litigation and paisa interest litigation" but this case was an attempt to use it for political purpose. "You are converting public interest litigation into political interest litigation," the Bench observed when Bhim Singh advanced the submission that the order revoking the transfer of land was passed by a minority government. "Courts have suffered enough. We are not going to be trapped," the Bench said when Singh said people of Jammu region are peace loving and never stood against the integrity of the country. The PIL had sought quashing of state government's order revoking the transfer of 39.88 hectare of forest land to the Board contending that the decision was taken by the minority government which has been directed by the Governor to prove its majority on the floor of the House on 7th July. It was alleged in the petition that the state government has imposed curfew in Jammu without any logic and the move has resulted in creating anarchy and leaving the people helpless. The imposition of curfew has taken away the fundamental rights of school-going children, patients and working class, the petition said. The petition had sought a direction for the Jammu and Kashmir Government to pay a compensation to the families of those killed and injured in police firing in different parts of the state during the recent protests. Administration relaxes curfew in Jammu The Jammu and Kashmir government on Friday has relaxed curfew for two hours in some parts of Jammu city, where curfew was imposed on 1st July, official sources said. "Two-hour long curfew relaxation was given by authorities in Bakshi Nagar, city and Trikuta Nagar police sub-divisional areas of Jammu city between 4 pm to 6 pm today," sources said. Despite tension running high, the curfew period passed peacefully without any untoward incident, they said. SC directs J&K govt to provide adequate security to pilgrims The Supreme Court on Friday directed the Jammu and Kashmir government to provide adequate security to the stranded pilgrims of Vaishno Devi and Amarnath Shrines in view of the current turmoil in the state. The Court said the authorities must provide medical facilities, including medicines and ambulance to pilgrims who need medical attention. It also directed the administration to take appropriate steps to ensure that during the curfew in the Jammu region people requiring medical attention reach hospitals on time. A bench headed by Justice Altamas Kabir, however, refused to interfere in state government's order to revoke the transfer of land to Amarnath Shrine Board. The Court passed the order on a PIL filed by Bhim Singh, Chairman of the Jammu and Kashmir National Panthers Party. Singh contended that the order revoking the transfer of 39.88 hectares of forest land to the Board was taken by the minority government which has been directed by the Governor to prove its majority on the floor of the House on 7th July. The Bench said it has come across petitions which under the garb of PIL are "publicity interest litigation and paisa interest litigation" but this case was an attempt to use it for political purpose. "You are converting public interest litigation into political interest litigation," the Bench observed when Bhim Singh advanced the submission that the order revoking the transfer of land was passed by a minority government. "Courts have suffered enough. We are not going to be trapped," the Bench said when Singh said people of Jammu region are peace loving and never stood against the integrity of the country. The PIL had sought quashing of state government's order revoking the transfer of 39.88 hectare of forest land to the Board contending that the decision was taken by the minority government which has been directed by the Governor to prove its majority on the floor of the House on 7th July. It was alleged in the petition that the state government has imposed curfew in Jammu without any logic and the move has resulted in creating anarchy and leaving the people helpless. The imposition of curfew has taken away the fundamental rights of school-going children, patients and working class, the petition said. The petition had sought a direction for the Jammu and Kashmir Government to pay a compensation to the families of those killed and injured in police firing in different parts of the state during the recent protests.

"Loved reading this piece by Prakash Yedhula?
Join LAWyersClubIndia's network for daily News Updates, Judgment Summaries, Articles, Forum Threads, Online Law Courses, and MUCH MORE!!"

Join our Telegram group

Join our Whatsapp group