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| SC refers J&K militants’ rehabilitation Petition to Constitution Bench | | | EARLY TIMES REPORT
New Delhi, July 4: The petition filed by J&K National Panthers Party before the Supreme Court of India challenging the constitutionality of the permit for return of the terrorists from Pakistan their rehabilitation in Kashmir was listed before the Division Bench of the Supreme Court of India, after hearing the petition was referred to the Constitution Bench of the Supreme Court.
JJ Altmas Kabir and Cyriac Joseph today after hearing Prof. Bhim Singh, Advocate for the petitioner, the courtreferred the petition to the Constitution Bench of the Supreme Court.
The court said since the main petition against Resettlement Act, 1982 is seized in the Constitution Bench of the Supreme Court which was constituted to hear the petition filed by the Panthers Party.
The petition has challenged the decision of Govt. of J&K supported by Union Home Ministry which provides that the militants who defected To Pakistan between 1989 and 1990 to seek armed and fundamentalists’ training shall be brought back to Kashmir by issuing permits by the Union Home Ministry. About 1300 militants have been recommended by J&K Govt. to return to Kashmir. The petition has described this Act of J&K government that backed by the Union Home Ministry as the threat to the security of the country which may disturb communal harmony of the country.
The petitioners have argued that the act or order of the respondents to facilitate return of the militants, terrorists from Pakistan to the Indian Territory violation of the stay order issued by this Court.
Further that the return and rehabilitation of the Pakistan-trained militants who have been indoctrinated on Al-Qaeda pattern is dangerous to the security, unity, integrity and sovereignty of the entire nation.
That such an act of return and rehabilitation shall cost the entire nation particularly thousands of Kashmiri youth who have been defending national flag, territory, unity and integrity of the state and sacrificing their lives by holding national flag on their shoulders against the terrorists and fundamentalist forces for the past 30 years in J&K.
That a common person in India is being taxed with unbearable burden to contribute money for the country which shall be absolutely misutilized by spending on the welfare and rehabilitation of the enemies of peace who have indulged in wars and violence against the Union of India amounting to waging of war. Hence such a law/policy is not only draconian but a threat to the national security.
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