After 17 years knocking at J&K High Court by NPP, light shines from corridors of justice

Prof.Bhim Singh, Chief Patron of National Panthers Party has expressed great satisfaction and congratulated the people of J&K that justice has been flowing from the corridors of justice of J&K High Court founded in 1928 by Maharaja Hari Singh. Prof.Bhim Singh, a graduate of J&K University, Law graduate of AMU holding Master’s Degree in Law with distinction from London University besides calling to the Bar from Lincoln’s Inn in UK. He has been aspiring to seek justice with the might of pen with reasons. He has suffered prisons and jails himself. He believes that justice can be secured by the power of the pen and commitment of mind to ensure justice and equity for all.

Prof.Bhim Singh congratulated his lawyer-colleagues in the High Court of J&K who have been working for years and making untold sacrifices to ensure the delivery of justice to all. Prof.Bhim Singh congratulated the lawyers fraternity in J&K saying that the High Court of J&K under the leadership of present Chief Justice Mr. N. Paul Vasanthakumar has unleashed a glittering light flowing with justice for all which is evident from the judgment he delivered with Justice Dhiraj Singh Thakur this week on the payment of compensation to the militancy affected migrants from the hilly areas of Jammu Pradesh immediately after Pak-aggression on Kargil in 1999.

Prof.Bhim Singh said that the judgment which came after nearly 17 years of legal battling by the Panthers Party lawyers from the High Court to the Supreme Court and back from the Supreme Court to the High Court is a history which needs to be written on the Red Books of Legal History of J&K. This judgment has delivered a message to all the residents of J&K that justice is possible with the power of pen if the battle is fought with reasons, patience and faith before the court of law. This judgment of Division Bench of J&K High Court on 19th April, 2016 and finally settled on 20th April, 2016 shall remain a history in the legal world not only in India but all over the world. Justice delivered after 17 years.

The High Court finally ordered the State of J&K to pay compensation of Rs.9 crores with an interest of 9% from the date of default in 2004 to the migrants of Jammu hilly terrain. The Jammu Migrants were paid much less than the migrants from Kashmir Valley. The Jammu Migrants did not receive enhanced amount of compensation as was delivered to the migrants from Kashmir Valley. The politicians ruling the state did not raise a single voice. Prof.Bhim Singh, though, associated with the ruling group from 2003 to 2005 raised a banner of revolt against the ruling parties like Congress, PDP and others. The Panthers Party filed the petition through its General Secretary, Kamal Gauria in 1999 before the High Court of J&K at Jammu. The judgment was delivered by Justice T.S. Doabia and Justice S.K. Gupta  (High Court of J&K on 06.09.2009) allowing the petition of the Panthers Party directing the State of J&K and Union of India saying, The policy which has been framed by the Union of India for the migrants would be made applicable to all the migrants irrespective of the region from where they have migrated. Let the benefits be released in favour of these migrants within a period of one month.”

The Govt. of J&K (with NC as government) moved SLP before the Supreme Court. The Panthers Party contested and got the order from the Supreme Court on 13.07.2006 directing the State government to release arrears in favour of Jammu Migrants at par with Kashmiri Migrants as was ordered by the High Court of J&K. The Supreme Court rejected the appeal of J&K Govt. in 2006. The Supreme Court justified the direction of J&K High Court that the policy adopted by the Union of India for the migrants would be made applicable to all the migrants irrespective of the regions from which they belong.

The Govt. of J&K headed by Congress Chief Minister, Ghulam Nabi Azad dumped the order of the Supreme Court into the dustbin leaving an open challenge to the Panthers Party to continue their battle for justice and implementation of the orders of the High Court and the Supreme court.

In 2007, the Panthers Party led a huge procession of Jammu Migrants from Talwara Camp (Reasi) which was led by Ms. Anita Thakur (General Secretary), Mr. H.C. Jalmeria, Adv. (General Secretary) and Mr.P.K. Ganjoo (Sr. Journalist and Media Advisor of JKNPP). The police under the direction of the Chief Minister, Ghulam Nabi Azad acted with brutal hand, smashed the Panthers Party leaders, cracked their legs and heads and finally dumped them in police stations in Katra and Jammu. (The case against police brutality and suppression is pending before the Supreme Court of India).

A contempt petition was filed by the Panthers Party in the Supreme Court of India on the judgment delivered by Justice K.G. Balakrishnan, Justice Tarun Chatterjee & Justice D.K. Jain dated 13.07.2006 as this direction of the Surpeme Court was rejected by the power that be in J&K. The Supreme Court referred this contempt matter to the High Court of J&K directing the Chief Justice of J&K to take action as warranted by law.

Division Bench of Chief Justice of J&K, Justice Barin Ghosh and Justice Sunil Hali in their order dated 11.11.2009 directed, It goes without saying that in the event, upon verification, it transpires that the family on whose behalf such approach has been made to the Deputy Commissioner is entitled to relief in terms of the policy discussed above, the said family and the members thereof shall, in order to honour the judgment of the Hon’ble Supreme Court, be given relief to which they are entitled to.”  

In spite of all this the successive governments in J&K refused to pay a penny to the Jammu Migrants. The biggest tragedy on earth, which many may not believe, was that many starving migrant families sold their children to the outsiders who came from Mumbai and other cities. The believe that by selling one child they might be able to save the rest of the family. This is separate tragedy which Prof.Bhim Singh shall be writing in his columns. This time Prof.Bhim Singh is concentrating only extremes of administrative cruelty by the ruling clique in J&K who have been treating the innocent people like pigeons. The silence of the political leadership except Panthers Party cannot be forgiven. They shall be made answerable to the next generation someday.

Prof.Bhim Singh said that the contempt application pending since 2007 was settled in 2009 with a direction by the High Court of J&K to the State to release all the arrears to the Jammu Migrants was finally settled on 19th April, 2016. The order by the Hon’ble High Court under the superb judicial leadership of J&K Chief Justice, N. Paul Vasanthakumar deserves commendation by all. It is highly judicial order with flowing commitment to the implementation of rule of law flowing with justice and equity. Though late by 17 years yet the Chief Justice deserves cheers from all sites particularly the legal fraternity for this bold, daring and judicious ordain.

The State Legal Aid Committee shall be filing a fresh petition before the Supreme Court ensuring the return of all the children of the migrants which were sold under tense situation in the monsters’ rule.