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| SC defers hearing in Shri Amarnath pilgrim deaths case | | J&K Govt files interim report | | Early Times Report
srinagar, Sept 7: The Supreme Court has deferred hearing on deaths of pilgrims who fell sick on way to holy shrine Amarnath in Kashmir. Now the case has been listed for hearing on September 17.
According to Sunil Fernandez, the standing counsel for Jammu and Kashmir Government in Supreme Court, the bench of the apex court that was scheduled to hear the matter on Monday was not available.
"Now the case will be heard on September 17th by a bench comprising Justice B.S. Chauhan and Justice Swatanter Kumar," he said.
Meanwhile, the State Government has filed its interim report on the subject as was sought by the apex court after it took suo moto cognizance of mounting deaths of pilgrims. Around 80 pilgrims died due to natural causes while over 30 passed away in road accidents during the Amarnath pilgrimage this year.
On July 16th, while taking note of these deaths the Supreme Court had issued notice to the Central Government seeking details of medical arrangements.
Besides the Central Government, the apex court had also issued notice to the Union Ministry of Home Affairs, Union Ministry of Forest and Environment, Government of Jammu and Kashmir and Shri Amarnath Ji Shrine Board.
The court had asked respondents to appear before it and answer seven questions posed by it concerning arrangements for the pilgrimage.
"In our considered view, the pilgrims have a Constitutional right under Articles 21 and 19(1) (d) to move freely throughout the territory of India, free of fear, with dignity and safety and to ensure enforcement of such right is the primary obligation of the State and the Central Governments," said a bench of apex court comprising Justice B.S. Chauhan and Justice Swatanter Kumar taking suo moto cognizance of newspaper reports about the deaths of the pilgrims.
While referring to 107 pilgrims who died during the last year's yatra, the apex court said that "the time intervening the previous and the current year clearly demonstrates that the authorities have not taken any effective and appropriate measures for protecting the life of thousands of devotees who visit the holy cave during this limited period, despite the print media repeatedly bringing this to the notice of all concerned."
"Thus, within the Constitutional mandate of Article 21, this court would have no option but to pass appropriate directions," the court said.
"They (the authorities) are also expected to make appropriate arrangements for darshan at the holy cave so as to avoid health hazards and injuries, provide proper paths and one-way system passages to the pilgrims to the holy cave," the court said.
The seven issues raised by the Apex court included: "Whether there exist proper medical facilities to prevent human casualties. Further to provide emergency medical aid in the event of these yatris falling sick because of cardiac and other related problems' and the steps taken to 'protect the environment in that area' including 'collection and disposal of the waste...including by yatris 'enroute and around the holy cave'. 'All these aspects need to be taken care of by the concerned authorities certainly with greater emphasis and they cannot escape their obligation to provide minimum essential facilities including roads as an approach to the holy cave."
Referring to newspaper reports, the Supreme Court observed that 'with the passage of time, the things have hardly improved'. 'All these reports clearly showed disregard to the human life. This court has repeatedly held that in terms of Article 21 of the Constitution, a person has a right to live with dignity and not be subjected to inhuman treatment, particularly in such places where large numbers of people are bound to visit because of their faith.' |
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