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| Welfare of poor girls HC issues show cause notice to CS, Secy SWD | | | Early Times Report
Srinagar, Aug 11: Taking strong exception to non-implementation of its directions regarding poor girls in the state, a division bench of the Jammu and Kashmir High Court has issued show-cause notice to Chief Secretary and Secretary Social Welfare Department.
Hearing petition, the Division Bench comprising of Justice Muzaffar Hussain Attar and Justice Hasnain Massodi asked both officer to file their response why contempt of court proceedings be not initiated against them.
"We are prima facie of strong view that the authorities of the State viz. Chief Secretary and Secretary Social Welfare Department are intentionally and deliberately defeating the orders of this Court and that of the Supreme Court. The Scheme of the latest status report being not in consonance with Court orders is hereby rejected," the court said. "It prima facie appears that the uncouth attempts are aimed at not only taking away the sheen, but even the spirit of the court order dated 30.12.2013 and 5-05-2014 of the court," the court said. Earlier, amicus curie and senior advocate B A Bashir in the case raised two issues in respect of the scheme formulated by the State.
He submitted that the Scheme does not comply with the directions of the Court, in so much as, 3,73,086 poor girls stood already identified by the state authorities. He said now norms have been prescribed under the scheme which defeat not only the purpose underlying basic order of the Court but constitutes cruel disobedience of the court order dated 30.12.2013 against which leave to appeal filed by the State of Jammu and Kashmir before the Supreme Court stands dismissed.
He said that there is no requirement now to fix the norms which inter alia oblige the beneficiary to prove that she belongs to below poverty line family; her marriage has been fixed and is likely to be solemnized shortly; has to provide proof of BPL status. He said that the Court had earlier directed the respondents/State and its authorities to identify the poor girls of the State.
He also submitted that the respondents-State through its Dy. Commissioners conducted a detailed survey and identified 3,73,086 poor girls in the State of J&K.
He submitted that by prescribing the norms in the scheme, the respondents are not only defeating the Court orders but destroying the very purpose underlying issuance of such directions.
Senior Additional Advocate General, J.A. Kawoosa, made all efforts to justify the norms fixed for availing benefits under the scheme.
"We place on record our pain and anguish in the manner in which the State-respondents have dealt with the directions of this Court contained in order dated 30.12.2013 even after dismissal of the leave
to appeal filed before the Supreme Court in which the Supreme Court had directed the State of J&K to implement the directions of this Court."
The Court passed the directions in a PIL titled Muhammad Amin Beigh v/s State and others.
The District Magistrate Srinagar had slapped detention order under Public Safety Act (PSA) on Beigh for allegedly exploiting girls under the garb of providing them jobs. Beigh had challenged the order in the High Court.
However, the Court dismissed his plea and subsequently passed series of directions to the government asking it to take steps to ensure rehabilitation of poor girls in the State. |
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