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SC seeks report on J&K HC functioning in curfews
10/1/2010 9:04:33 PM
Early Times Report
New Delhi, Oct 1: The Supreme Court today asked its Registry to give a report on whether imposition of curfew in the Kashmir Valley has affected the functioning of the Jammu and Kashmir High Court.
The direction came after Jammu and Kashmir National Panthers Party chief Bhim Singh said it has become difficult for the litigants to reach the High Court for redressal of their grievances due to curfew.
Singh said curfew restrictions were also affecting the ambulance services in the Valley and people are finding it hard to reach hospitals and dispensaries.
When a Bench headed by Chief Justice S H Kapadia said that such issues can be raised before the High Court for redressal, Singh said it is not possible to go there due to curfew. He said if the apex court will consider the plea raised in the petition, it will help in providing solace and healing touch to the people of Valley troubled by unrest.
However, the Bench, also comprising Justices K S Radhakrishnan and Swatanter Kumar said that the High Court was working and the grievances of the petitioner could be well addressed there. Singh said the morning news reports clearly stated that in large parts of the Valley curfew restrictions continued.

"Today we are told that the High Court is functioning. We don't go by newspaper reports. Let the High Court examine the questions. If the Registry gives us report that the High Court is not functioning, we will give directions," the Bench said.

"We are of the view that submissions made by the writ petitioners can be dealt effectively by the High Court. However, the petitioner states that the High Court is not approachable. We want a report from the Registry whether the High Court is functioning or not," the Bench said.

The Panthers party had filed a petition seeking a direction to the Centre and the Jammu and Kashmir government to keep schools, colleges and hospitals out of the purview of the curfew in the Valley. It has sought protection to students and daily wage labourers going to schools and for work respectively besides providing all necessary help to patients visiting hospitals.

Further, the petitioner has sought that chemist shops, clinics, the High Court and subordinate courts as well as graveyards are kept out of the curfew domain.
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