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Another ‘relief for’ Jammu migrants
3/13/2008 11:33:40 PM

Early Times Reporter
Jammu | Mar 13
In a significant judgment, the Jammu and Kashmir High Court while reminding the state government of a similar direction from the Supreme Court has asked for examining the case of relief to the migrants drawn from various areas of Jammu region at part with their counterparts from Kashmir.
Justice JP Singh after hearing Advocate BB Kotwal appearing for the petitioners and Additional Advocate General BS Salathia appearing for the state observed that this Court has time and again issued directions to the state Govt to treat similarly all those persons who had suffered because of the activities of the militants and to provide them requisite relief so that they are able to survive with dignity and honour while enjoying their fundamental right to life and liberty. Supreme Court of India too had issued certain directions in this behalf to the state Government for looking into the plight of those who had migrated because of the terror let lose by the militants in some areas of Jammu Province.
Hearing three writ petitions filed by migrants from various districts of Jammu province,
Justice Singh directed the Relief Commissioner (Migrant) Jammu that he shall examine all these cases and if need be, shall obtained requisite reports needed for such examination from concerned quarters, within a time frame to be fixed by him in this behalf and shall pass effective order for providing requisite relief.
These three writ petitions filed by Jammu Province Migrant Committee and others, Baboo Khan and Ors and third writ petition titled Dharam Devi and ors Vs State of J&K in which Adv BB Kotwal appeared for all the writ petitions. In these 3 writ petitions, the petitioners hailing from District Doda and District Poonch of J&K State and they belonging to the poorer strata of the society, are dependent on their bread only on the availability of manual work at the places of their resident. They submitted that it was because of the activities of the militants, who had been indulging in merciless killing of innocents that they had to leave their home in such some safer places in Jammu. The petitioners further submitted that though entitled to similar treatment to those who had migrated from Kashmir Province but petitioners denied this relief because the authorities had turned a deaf ear to their genuine request, treating them differently. They seek direction to respondents to register them as migrants and to provide them all those facilities which are available to migrants of Kashmir Province.
Justice JP Singh while disposing of these three writ petitions further observed that in view of the stand taken by the State counsel and facts and the circumstances of the case, these petitions may not survive for further consideration and are required to be disposed of at this stage and directed the respondents that all those petitioners who had found it difficult to stay at the places of their residence, because of the threat perception and activities of the militants, shall file applications within a period of 7 days with Relief Commissioner (Migrants) Jammu, detailing the circumstances under which they had to migrate to safer places in Jammu and the relief to which they may be entitled. Relief Commissioner Migrants Jammu shall examine all these cases and thereafter shall pass effective orders on these applications, looking to the need and requirement of the applicants and all those petitioners who are found entitled to their registrations as migrant shall be provided relief as admissible in view of the policy, guidelines, instructions and orders issued by the Govt in this behalf from time to time, Court ordered.
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