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| HC directs to release migrant relief to the petitioner along with arrears from 1998 | | | Jammu, September, 19:- Justice JP Singh of J&K High Court Jammu Wing today in a significant judgment directed state and others to treat the petitioner Sabir Hussain as Migrant. They shall continue to release migrant relief to him in terms of the Govt orders issued in this behalf from time to time. Court further directed the respondents to release the arrears of relief benefits to the petitioner w.e.f 1998, when it was discontinued.
This significant judgment announced today by the High Court in a writ petition filed by petitioner Sabir Hussain seeking direction to the respondents to release the migrant relief in terms of money and ration with retrospective effect from July 1998, in favour of the petitioner on the same analogy as was adopted in case of other migrants. In the petition it has been submitted that the petitioner, resident of Gadvail a highly militancy infested area of District Anantnag, was compelled to migrate along with his family under threat perception. He settled at Village Nud Amli of Tehsil Samba. His registration as migrant was regularized after the receipt of threat perception certificate dated August 23, 1997 from IGP CID, however, in 1998 stooped his migrant relief telling upon the miseries of the source less family of the petitioner, which then comprised of 9 souls. The case of the petitioner have been cleared by the CID Kashmir on January 8, 2001 informed the authorities that the petitioner could not be located in Kashmir Valley.
Justice JP Singh after hearing Advocate Z S Malik appearing for the petitioner and Additional Advocate General Mr. AH Qazi appearing for the respondents and gone through the documents placed on record by the parties observed that provisional registration of the petitioner and his family members as migrants and release of relief benefits to them stands admitted by the respondents in their communication dated May 26, 2005. This communication further admits that the petitioner was not found at his given address in Kashmir Valley. Respondents have not placed anything on record to indicate either any complaint or any document to rebut the case of the petitioner, the CID report received by the respondents January 8, 2001. Respondents, inaction and omission to verify the place of shelter of the petitioner in Village Nud Amli of Tehsil Samba, would not in the opinion of Court provide any justification to the respondents to refuse continuation of relief to the petitioner, which had provisionally been sanctioned in his favour on his provisional registration as migrant.
Justice JP Singh took serious note of the inaction of the respondents and observed that registration of a person as migrant and grant of facilities to him in terms of the Govt order cannot be discontinued unless, however, there is sufficient proof or reasons to believe that the provision relief allowed to the migrant was required to be suspended, pending any enquiry in this behalf. Five years silence of the respondents and their long wait to receive report from the CID is unjustified, for the intention of the state Govt in providing relief to those, who had migrated under threat perception from the Kashmir Valley to other places in the state would be denuded of its required purpose, if enquiry for the continuous of already allowed relief was to pend for years together, Court, therefore, find that the petitioner has been denied relief by the respondents and that too without any justifiable reasons. With these observations Court allow the petition and directed the respondents to continue release migrant relief to petitioner and released the arrears of relief benefits w.ef 1998, when it was discontinued.
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