SC asked UOI to file reply in two weeks on return of J&K terrorists via Nepal

Another Division Bench of the Supreme Court comprising JJ Mr. Justice K.S. Radhakrishnan and Mr. Justice A.K. Sikri allowed Union of India to file its counter in case of writ petition filed by J&K National Panthers Party challenging the Surrender & Rehabilitation Policy of J&K Govt. which allows the terrorists/militants to return to J&K. The Return & Rehabilitation Policy was reworked by Omar Abdullah’s government opening all routes for the Pakistan-based militants/terrorists to return to J&K through land and air routes. It has been admitted by the Chief Minister of J&K on the floors of Assembly dated 11.03.2013 that, “No ex-militant has returned through identified routes under aforesaid policy (return and rehabilitation) after fulfillment of conditions prescribed in the policy.” The Chief Minister had also admitted that, “241 ex-militants had returned ‘illegally’ to J&K via Nepal and other routes along with their family members.” Prof. Bhim Singh informed the court that the Chief Minister of J&K is adamant to bring all the terrorists back to J&K who had voluntarily opted for Pak-nationality and became citizens of Pakistan. He argued that under Article 9 of the Constitution of India no foreigner can be given India nationality without due procedure of law. He said that the Chief Minister on the floors of Assembly declared that, “My government will continue with its efforts for implementation of policy to facilitate return of youth desirous to return to the state under this policy.”

Prof. Bhim Singh submitted that J&K has been again on the boil and violence because of the activities of the terrorist-guests who are being imported to J&K via Nepal in utter violation of J&K by the State itself. He submitted that the terrorists are being paid better sums/free salaries than the fresh government employees. Prof. Bhim Singh also accused the Govt. of J&K for abetting the terrorists to enter into J&K by illegal and unconstitutional methods and means.

Prof. Bhim Singh was assisted by M/s. B.S. Billowria, S.K. Badhopadhyay, Shiromani Yadav, Satish Vig, Advocates.

SC chides J&K for avoiding to file CS’s affidavit in Kishtwar riot case

Division Bench of the Supreme Court of India headed by Chief Justice of India, Justice P. Sathasivam with Justice Mrs. Ranjana Prakash Desai today described it as unfortunate that the Chief Secretary of J&K has not filed fresh affidavit as per direction of the Supreme Court in Kishtwar riot case. The J&K government Sr. Advocate Mr. Gaurav Pachnanda when tried to defend J&K, the Supreme Court snubbed him saying that he better advice the government of J&K to follow the rules and the directions of the court.

The Chief Justice, Justice P. Sathasivam when asked Prof. Bhim Singh, Sr. Advocate for the Panthers Party, he strongly opposed the State government for trying to defy the direction of the Supreme Court which during the last hearing had clearly instructed the Chief Secretary of J&K to file a fresh affidavit to explain Government’s decision to provide relief on different patron discriminating with the residents of J&K and the other citizens. The Chief Secretary of J&K had defined the residents of J&K as ‘State Subjects’ and those Indian citizens as ‘Non-State Subjects’.

Prof. Bhim Singh submitted that the Govt. of J&K has filed a highly objectionable affidavit in the name of Mr. Feroze Ahmad Sheikh, Additional Secretary General Administration Department affirming that, “The State of Jammu and Kashmir has a special status within the Union of India. The Constitution of India (as well as the constitutional scheme there under) do not apply in their entirely to the State of Jammu and Kashmir, but are subject to crtain limitations and exceptions.” Prof. Bhim Singh vehemently argued that the Govt. of J&K has literally challenged the Accession of the State with the rest of the country and the Hon’ble Supreme Court has to review the affidavit filed by the Govt. of J&K affirming that the Constitution of India is not applicable to J&K.

The Supreme Court expressed its annoyance and asks the Chief Secretary to file affidavit as the matter has to be answered by the Govt. of J&K and not by a Department. The court shall hear the case on 20th September, 2013.

Prof. Bhim Singh was assisted by M/s. B.S. Billowria, S.K. Badhopadhyay, Shiromani Yadav, P.V. Yogeshwaran, Advocates.