To protect the profound issues of public interest of displaced community, All India Kashmiri Samaj (AIKS), All India Kashmiri Pandit Conference (AIKPC) and Rajinder Premi had filed a writ petition in the Supreme Court of India under Article 32 of the Constitution of India in 2006. In the petition, several issues of their Constitutional Rights and profound issues of public interest of the exiled community had been raised. The petition also listed the callous, complacent and apathetic approach of the respondents towards the displaced community.
The Supreme Court heard the petition regularly. The counsel for AIKS were Advocates Arun Jaitely and T K Ganjoo As the case was dragging for over a decade, The Supreme Court transferred the petition to J&K High Court in the year 2016, for expeditious disposal. The case was first heard on 28th June 2016. The Respondents trying to delay judgement, asked for several adjournments. During the last hearing held in Sept. 2017 the advocate representing the State Govt. had requested more time for complying with the orders. The Hon’ble double bench granted more time to the government for compliance. On the last hearing seven weeks’ time was given to the State for filling report by the Divisional Commissioner, Kashmir, regarding status of properties of the displaced community in the valley. The learned lawyers had requested the Hon’ble Court to issue direction to Divisional Commissioner for submission of report with regard to steps taken by District Magistrate of Kashmir Division about steps taken under section 4 of J&K Migrants Immovable Property (Preservation, Protection & restrain on Distress Sale) Act 1997.
AIKS had further pleaded to the court that Divisional Commissioner, Kashmir may be directed to appraise the court steps taken for removal of encroachments under Rule 7 of the Distress Sale Act. Prayer was also made for issuance of direction to Div. Commissioner, Kashmir for submission of report with regard to identification of properties of migrant in Kashmir Division.
The case listed last week before the division bench, comprising of Hon’ble Justices Tashi Rabastan and Sanjay Kumar Gupta asked the Counsel of the state Advocate S.S. Nanda to file the report, he expressed inability and sought some more time. The court reluctantly gave four weeks’ time but subject to the cost of Rs 20000 to be deposited in Advocate’s welfare fund. The case has been now listed o 27th August, 2018.
The legal luminaries at Jammu who have offered their services voluntarily are Shri P. N. Raina, Shri P. N. Goja, Shri Virender Bhat and Shri Kashmiri Lal Bhat (nodal officer for the case)
The copy of the court order is attached.
M. K. Pajan