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| SC scolds J&K for failure to file fresh affidavit | | Discrimination in compensation in Kishtwar riots | | Jammu, Sept 16: Facing censure for discriminating between the victims of the Kishtwar violence with regards to disbursement of relief, State government today invited sharp criticism from the Apex Court. Division Bench of the Supreme Court of India headed by Chief Justice of India, Justice P. Sathasivam with Justice Mrs. Ranjana Prakash Desai today described it as unfortunate that the Chief Secretary of J&K has not filed fresh affidavit as per direction of the Supreme Court in Kishtwar riot case. The J&K government Sr. Advocate Gaurav Pachnanda when tried to defend J&K, the Supreme Court snubbed him saying that he better advice the government of J&K to follow the rules and the directions of the court.
The Chief Justice, Justice P. Sathasivam when asked Prof. Bhim Singh, Sr. Advocate for the Panthers Party, he strongly opposed the State government for trying to defy the direction of the Supreme Court which during the last hearing had clearly instructed the Chief Secretary of J&K to file a fresh affidavit to explain Government's decision to provide relief on different patron discriminating with the residents of J&K and the other citizens. The Chief Secretary of J&K had defined the residents of J&K as 'State Subjects' and those Indian citizens as 'Non-State Subjects'.
Prof. Bhim Singh submitted that the Govt. of J&K has filed a highly objectionable affidavit in the name of Feroze Ahmad Sheikh, Additional Secretary General Administration Department affirming that,"The State of Jammu and Kashmir has a special status within the Union of India. The Constitution of India (as well as the constitutional scheme there under) do not apply in their entirety to the State of Jammu and Kashmir, but are subject to certain limitations and exceptions." Prof. Bhim Singh vehemently argued that the Govt. of J&K has literally challenged the Accession of the State with the rest of the country and the Hon'ble Supreme Court has to review the affidavit filed by the Govt. of J&K affirming that the Constitution of India is not applicable to J&K. The Supreme Court expressed its annoyance and asks the Chief Secretary to file affidavit as the matter has to be answered by the Govt. of J&K and not by a Department. The court shall hear the case on 20thSeptember, 2013. Prof. Bhim Singh was assisted by M/s. B.S. Billowria, S.K. Badhopadhyay, Shiromani Yadav, P.V. Yogeshwaran, Advocates. |
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