SC directs J&K Chief Secretary to file fresh affidavit

Division Bench of Supreme Court of India headed by Chief Justice Mr. P. Sathasivam, comprising of JJ Mrs. Ranjana Prakash Desai and Mr. Ranjan Gogoi directed the Chief Secretary of J&K to file a fresh affidavit to explain the issues raised by the petitioner in the Kishtwar riots case dated 09.08.2013.
Prof. Bhim Singh, Sr. Advocate, appearing for J&K National Panthers Party raised a serious objection on defining the citizens of India residing in J&K as ‘State Subjects’ and those serving personnel from outside the state as ‘non-state subjects’. The Chief Secretary in his affidavit has cited Order of J&K Govt. No. 723-GAD of 1990 dated 10.07.1990. In this order the Govt. of J&K has sanctioned Rs.5 lacs for the killed paramilitary personnel if they are ‘State Subject’ whereas in the same order the Govt. has laid the rules that Rs.2 lacs will be given to the dead, killed by terrorists if the dead is ‘Non-State Subject’. Prof. Bhim Singh in his strong objection submitted in the court that he (Bhim Singh) is not a ‘State Subject’ (State Subject) but a citizen of India and so are all citizens of J&K, he submitted. He said that the Govt. of J&K has questioned the State-Centre relations and even committed contempt of the Constitution by describing the permanent residents of J&K as ‘State Subject’. Besides, he submitted that this was a dire discrimination with the citizens of India. He strongly appealed to the court to take a serious note of this apathy on the part of the Govt. of J&K which is a product of Constitution of India. Prof. Bhim Singh also questioned the appointment of SIT (Special Investigation Team) headed by a local SP (Superintendent of Police) in Kishtwar. He submitted before the court that several high-ups and ministers are involved in the rioting on 9th August, 2013. How a junior officer could question the sitting ministers and his senior officers who have been named by the public as the abettors to the riots. He strongly argued that the investigation of the case should be handed over to the CBI or a senior police official of the rank of Additional DG Police. When the lawyers of the J&K Govt. failed to answer these questions, the Supreme Court directed the Chief Secretary of J&K to file a fresh affidavit within two weeks to explain the objection raised.
The Supreme Court also told Prof. Bhim Singh that the judicial inquiry Presiding Officer, as appointed by the Govt. of J&K shall also look after the loss of property during the riots in Kishtwar. The Panthers Party in its rejoinder has deposed that 107 persons/families have lost their properties with crores. He has also filed a list of 92 police constables and head constables who have been indiscriminately transferred or thrown out of Kishtwar District without any enquiry or the reason or explanation.  The case will be listed on 9th September, 2013.
Prof. Bhim Singh was assisted by Mr. P.V. Yogeswaran, B.S. Billowria, S.K. Bandopadhyay, Vijay Pratap Singh, Advocates.