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PIL on security to 608 non-categorized persons: DB closes proceedings
3/11/2013 11:20:52 PM
ET Plus Report

Jammu, Mar 11: A Division Bench (DB) of State High Court has closed the proceedings in the Public Interest Litigation filed by one Ghulam Ali for issuance of directions to withdraw the security cover to 608 non-categorized persons in Jammu. Before the DB comprising Chief Justice MM Kumar and Justice Mansoor Ahmed Mir, Advocate General MI Qadiri appeared and drew the attention of the Court to the averments which are to effect that the Supreme Court is seized of a similar issue Special Leave Appeal (SLA).
According to Qadiri all states have been called upon to file their response including J&K which is one of the party-respondent in the SLA. A reference has been issued to order dated October 14, 2011, wherein it is noticed that this country cannot afford to have two categories citizens of which one enjoys all sorts of privileges including unwarranted security at public expenses and is also allowed to use different kinds of symbols, which represented the authority of the state in pre-independence era.
This judgment written by Chief Justice MM Kumar after hearing Adv HC Jalmeria appearing for the PIL and Qadiri with senior Additional Advocate General Gagan Basotra for the state observed that questions have been framed in the order passed by the SC in respect of all the states including Jammu & Kashmir for adjudication.
"The Advocate General has also stated that security provided to the non-categorized persons would also be highlighted before the SC in the response to be filed by mentioning the disposal of the instant petition," the DB said. It observed that it would be un-necessary to have parallel proceedings on similar issue which are pending before the SC. "The Advocate General as per the statement made shall place the issue raised in this PIL also before the SC by filling response to the above said SLP. Therefore, no useful purpose would be served keeping the proceedings alive and closed the proceedings in this PIL," it added. (JNF)
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