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| HC comes to the rescue of old migrant lady | | ‘Directs respondents to release relief’ | | Early Times Reporter
Jammu | Jan 2
Justice JP Singh of J&K High Court, Jammu Wing, in a petition filed by 70- year old migrant lady seeking migrant relief has directed the respondents to verify the migrant status of the petitioner by any mode they may like so to do within a period of three months.
This significant judgment was passed in a petition filed by Mayawati an aged lady of more than 70 years, who had been putting up with her family in Kashmir Valley, when militants struck in a village nearby, Tailwani killing and injuring the members of minority community. A large number of persons belonging to the minority community migrated out of the Valley. Two major sons of the petitioner along with their off-springs too migrated in search of a safer place, but leaving the Mayawati unattended in the Valley. Compelled by the circumstances, the petitioner stayed back in the Valley with the majority community but only for a short time and she shifted from Akura to Mattan and remained there all alone till January, 2002, when again remaining members of the minority community in Kashmir Valley become insecure because of terrorists strikes in village Hugam. This time petitioner, Mayawati, too had to run for safety to Jammu where she was registered as provisional single soul migrant. She continued getting migrant relief which was payable to the migrants of Kashmir Valley, but only for short spell. Thereafter the petitioner has remained high and dry and the respondents kept on putting off consideration of her case for release of migrant relief on the plea that CID verification was awaited. Finding no hope of relief, she approached the Court for issuance of directions to the respondents for providing her migrant relief.
Taking serious note of the functioning of the Home Department, Justice Singh in his approved for reporting judgment observed that inaction of the Home Department in coming forward with any report regarding petitioner’s migration and stay at Jammu and in the absence of any contrary report that the petitioner was not a migrant and had not been staying at Jammu, there was no occasion for the State to have stooped payment of migrant relief to petitioner Mayawati. Once having registered the petitioner as provisional migrant and released migrant relief in her favour, the official respondents were not right in denying migrant relief to her unless, however, there was any convincing evidence or material with them that the petitioner had not been putting up at Jammu as migrant. With these observations, Court disposed off this petition with a direction to the respondents to verify the migrant status of the petitioner by any mode they may like to do so within a period of three months and in case nothing adverse is found against her as regards her status as migrant, they shall consider treating her as a regular migrant and would release the migrant relief in her favour as is permissible to migrants of Kashmir valley in terms of Government orders issued in this behalf from time to time. Court also directed Relief Commissioner (Migrant) Jammu that he shall report compliance of this direction to Registrar Judicial of this Court by April 1, 2008. JNF |
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