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Release relief arrears of Jammu migrants in 3 months: HC to Govt
11/12/2009 12:32:51 AM
ZAFAR CHOUDHARY
Jammu, Nov 11: In a major development and bit of embarrassment for the state government, the Jammu and Kashmir High Court has asked the authorities to pay relief arrears to the Jammu region based migrants within in next three months and trace out the missing migrant families within 45 days. The decision has come as big relief for a 1000 odd migrants drawn from different parts of Jammu region and a significant success in the legal battle waged by Panthers Party leader Bhim Singh.
A bench of Chief Justice Berin Ghosh and Justice Sunil Hali passed these orders in an appeal filed by Panthers Party leader Bhim Singh for relief to the migrants of Jammu region. This has been prolonged legal battle shuttling between the High Court and Supreme Court with state government opposing relief on different pretexts. Relief to the Jammu region based migrants was stopped in 2004 and release of arrears involved financial implications of Rs 21 Crore.
The case was first taken up at the state High Court which directed the state government on July 6, 2007 to release relief arrears of Jammu migrants. However, the state government went for an appeal in the Supreme Court which was dismissed on August 7, 2007. The Supreme Court upheld orders of the state High Court and directed state government to clear relief arrears.
There was also a glaring contraction in state government’s arguments on the total number of migrants. While the government always maintained that there were a total of 994 migrants, this was contradicted by the representatives of the migrants and their counsel Bhim Singh. In the meantime, the state government wrote to the Union Home Ministry requesting for funds to meet this financial demand. In its request to Home Ministry the state government mentioned that there were 1529 migrants. This figure was closer to what the migrants suggested. The courts took note of this.
With state government choosing to sit over the Apex Court orders, Bhim Singh again rushed to the Supreme Court informing them that their orders were not being implemented. Case had come up for hearing in June. Upon this, the Supreme Court directed the Jammu and Kashmir High Court to see implementation of their orders. Following directions from the Supreme Court, the state High Court has asked the Government to release relief arrears within three months and trace out the missing migrants –the difference between 1529 and 994 –in 45 days.
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