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| HC Judgment on NIT students reminds JFI of pre-54 justice system: Hari Om | | |  Early Times Report
Jammu, May 2: The Jammu for India (JFI) is constrained to suggest that the pre-1954 days have almost returned to Jammu and Kashmir, said JFI convener Prof Hari Om while addressing press conference here in Jammu on Monday. He said his observation is based on the nature of the judgment which the Division Bench of the Jammu and Kashmir High Court delivered on April 29 on the PIL filed by me to seek justice for the non-local students of the NIT Srinagar.
"In the pre-1954 days the Jammu and Kashmir High Court of Judicature would appreciate the complaints before it, but would, on occasions, dismiss them saying, "the Court has to construe the Act (The Jammu and Kashmir Constitutional Act of 1939) as it is and that it is bound to give effect to the language so long as it is in existence even though it thinks that the provisions of the Act have not kept pace with the changed time," the JFI convener revealed.
Regrettably, the Division Bench of the Jammu and Kashmir High Court chosen to accept only the version of the executive as the gospel truth, he lamented. He added that the JFI is of the firm view that the Court didn't discharge its constitutional obligations to redress the grievances of the petitioner and the hapless non-local NIT students.
"The Court did not commit itself to decide whether any wrong was done to the students or not. It neither chose to dismiss the petition nor send any notice to the executive to satisfy the petitioners and uphold the relevant laws and procedures. Besides, it chose not to issue any specific direction to the state government regarding the fool-proof security of the non-local students," Prof Hari Om further lamented.
We express our outright disappointment over the Jammu and Kashmir High Court's Division Bench judgment on PIL filed on the issue of atrocities committed on and exodus of non-local students of the NIT from Srinagar, the JFI convener said, adding we are inclined to believe that due process of natural justice as well as legal procedure were not pursued to dispense justice to the NIT students hailing from different parts of the Country.
Prof Hari Om said that the view of the JFI is based on the operative part of the judgment that endorsed the view of the Jammu and Kashmir Government as contained in the "sealed envelope", which was not revealed to the petitioner, and was handed over to the Division Bench of the J&K High Court. It was natural to expect that the Honorable Court would disclose the contents and hear the views of the petitioner as well as the victims on the veracity of its contents, but to our total dismay the Court did not feel it prudent to hear the direct victims of the onslaught in the NIT Srinagar, said the JFI convener.
The JFI reassured the non-local students of the NIT Srinagar that it would fight for their cause and take their issue to the logical end.
The JFI also took an exception to the stories doing the rounds at the corridors of power in New Delhi, including in the Human Resource Development Ministry, that "the non-local students of the NIT Srinagar hatched a conspiracy to get themselves migrated to institutions located outside Kashmir," said the JFI convener, adding the non-local students are being forced to return to Srinagar overlooking the hostile atmosphere that prevails on and outside the NIT campus. He said Prime Minister Narendra Modi, Union Home Minister Rajnath Singh and HRD Minister Smriti Irani would be held directly responsible if any harm is done to any of the non-local students.
Others who were present in the press conference included Organizing Secretary Dheeraj Pargal, Devender Choudhary, Dr Ajay Chrungoo, Sham Lal Bassan, Yuv Raj gupta, Pushpinder Singh Manhas, Ajatshatru Singh Jamwal, Ashok Kumar and Rajesh Dutta. |
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