SC fixes 3rd Dec. to hear J&K Govt’s plea challenging the application of Indian Constitution vis-à-vis J&K

Division Bench of the Supreme Court of India comprising JJ Mr. P. Sathasivam, the Chief Justice & Mr. Justice Ranjan Gogoi today ordered that itself hear the PIL of J&K National Panthers Party on 3rd December, 2013 on Gool, Kishtwar & Hiranagar killings.
The court observed that J&K Govt. in their affidavit signed by the Chief Secretary of J&K in the Kishtwar case and on the payment of relief to the residents of J&K and non-residents in case of death or injury during the terrorists’ attack. The J&K Govt. in affidavit has stated, “The Constitution of India (as well as the constitutional scheme thereunder) do not apply in their entirety to the State of Jammu and Kashmir, but are subject to certain limitations and exceptions.”
The Supreme Court said that the Court shall hear this matter before proceeding further because this is a constitutional matter which relates to State-Centre relations.
Prof. Bhim Singh, Sr. Advocate for the petitioner mentioned that the Chief Secretary in his affidavit has tried to play hide and seek, even several important words and phrases have been omitted which were mentioned by the Chief Secretary in his earlier affidavits. E.g. the Chief Secretary in his first affidavit in Kishtwar matter has used the words, ‘State Subjects’ & ‘Non-State Subjects’ as was stated in the Govt. Order of 1990 dated 10.07.1990. The petitioner (Ms. Sudesh Dogra) in her rejoinder has strongly objected that the Chief Secretary had deliberately expunged the words used in his original affidavit. The rejoinder says that Chief Secretary has removed mentioning of compensation on death to the paramilitary forces (non-residents).
Prof. Bhim Singh also mentioned the fresh IA filed with the petition seeking further direction and probe under the supervision of the Supreme Court on the attack by Pakistani terrorists on police station Hiranagar on 26.09.2013. The same terrorists’ group attacked police camp in Samba martyring several Army men. The petitioner has prayed for the intervention of the Supreme Court as there is no governance in J&K and life & liberty of the citizens has been endangered.
The court informed Prof. Bhim Singh that the court shall hear the objection raised by the Govt.of J&K on the application of the provisions of the Constitution of India. Other things shall follow after resolving the constitutional stand taken by the Govt. of J&K. The petitioner has also sought direction of the court to provide a uniform compensation to the victims in riot violence. The petitioner has also sought direction for the payment of equitable compensation for the loss of property during the Kishtwar & Ramban riots this year.
Prof. Bhim Singh was assisted by Mr. B.S. Billowria, Mr. S.K. Bandopadhyay, Mr. P.V. Yogeswaran, Advocates.