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| Kishtwar riot case on Sep 16, Yousuf Haji's custodial death case on Sept 30 | | SC to hear two Petitions on J&K | | Early Times Report
Jammu, Sept 9: Chief Justice of India, Justice P. Sathsivam today fixed September 30, 2013 to hear a writ petition filed by the Panthers Party President, Balwant Singh Mankotia, MLA seeking direction from the Supreme Court to the Govt. of J&K to hold investigation into the custodial death of Haji Yousuf, a Kashmir based businessman affiliated with the ruling National Conference. Comprises of the Chief Justice and Mrs. J. Ranjana Prakash Desai, the Bench shall also hear Kishtwar riot case on Sep 16.
Prof. Bhim Singh, Sr. Advocate mentioned this matter before the Division Bench headed by the Chief Justice of India, making a strong prayer to hear the matter relating to the custodial death of Haji Yousuf who died in a police custody in Srinagar on 29th September, 2011 after he was ordered to be detained by the Chief Minister himself. Haji Yousuf was a close confident of Dr. Farooq Abdullah and a senior most active member of the ruling National Conference who was called to his official residence by Omar Abdullah, the Chief Minister of J&K on the fateful day.
When the Chief Justice asked Prof. Bhim Singh how long shall he take to argue the matter, "Not more than 15 minutes", Prof. Bhim Singh replied. A counsel on the behalf of the State of J&K was also present in the court.
Meanwhile, the Bench expressed unhappiness on the delay of the Govt. of J&K to file a fresh counter affidavit in addition to the earlier affidavit filed by the Chief Secretary of J&K. The Supreme Court had directed the Chief Secretary of J&K to file a fresh affidavit to explain the discriminatory provision in the Govt. Order to provide relief to the families of those killed during militancy in J&K. The Supreme Court had also asked the Chief Secretary to explain the meaning of 'State Subject' and 'non-State Subject' as attributed by the Govt. of J&K in its official cabinet orders made in connection with providing compensation to the members of the paramilitary forces.
The Justice told the J&K counsel that the Govt. should realize that J&K is integral part of India and the citizens of India residing in J&K cannot be classified or defined separately.
When Prof. Bhim Singh submitted in the court that the Govt. has not provided any relief to the relatives of the victims of violence or to the injured persons in spite of the fact that the Govt. had made a mentioning in its affidavit that the relatives of the victims in Kishtwar shall be paid Rs.5 lacs each. Prof. Bhim Singh also informed the Supreme Court that the Govt. has not provided any compensation for the loss of the property which was damaged in the riots in the presence of the State administration and the police on 9th August, 2013 in Kishtwar. The Chief Justice observed that any failure on the part of the Govt. in anyway shall be viewed with a serious note by the court. |
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