SC’s notice to UOI & J&K Govt. on ‘Surrender & Rehabilitation Policy’ & return of Pak-terrorists by Nepal

A Division Bench of the Supreme Court of India comprising JJ Mr. R.M. Lodha & Mr. Sharad Arvind Bobde issued two weeks’ notice to Union of India and Govt. of J&K on a writ petition filed by J&K National Panthers Party seeking direction of the Supreme Court to quash the ‘Surrender & Rehabilitation Policy’ of Govt. of J&K dated 22.11.2010 by the Omar Abdullah’s government.
Prof. Bhim Singh, Sr. Advocate appearing for the Panthers Party presented a reply filed by Mr. Omar Abdullah, Chief Minister of J&K on the floors of the Assembly on 11th March, 2013 in which the Chief Minister had admitted that 241 militants/terrorists returned to J&K via Nepal without any valid document. Omar Abdullah in his reply as Chief Minister-Incharge-Home Department in the State had admitted,
“a).    No ex-militant has returned from Pak/POK to the State through the identified routes under the ‘Policy and Procedure for Return of Ex-militants to Jammu and Kashmir State” notified by the State Government vide Government Order No. Home-1376(ISA) of 2010 dated 23.11.2010.
During the past three years and the current year up-to 15th February, 2013, 241 ex-militants/terrorists have returned illegally via Nepal and other routes along with their family members. Their year-wise number is given below:-
b).    During 2010, 29 ex-militants have returned from Pak/POK of whom five ex-militants have brought their wives and children with them.
c).    During 2011, 54 ex-militants have return from Pak/POK of whom 16 ex-militants have brought their wives and children with them.
d).    During 2012, 150 ex-militants have returned from Pak/POK of whom 90 ex-militants have brought their wives and children with them.
e).    During 2013 up-to 15th February 2013, 08 ex-militants have returned from Pak/POK of whom 02 ex-militants have brought their wives and children with them.
f).    1089 applications have been received on behalf of the ex-militants/prospective returnees who are willing to return under the aforementioned policy. Out of these, 191 cases have been recommended for return. The rest of the applications are being scrutinized and verified.
Since no ex-militant has returned through the identified routes under the aforesaid policy after fulfillment of the conditions prescribed in the policy, they are not eligible for any assistance or rehabilitation. Therefore, no assistance can be provided for their rehabilitation.
g).    Reportedly, around 3974 ultras are still living in POK/Pak.
The State Government will continue with its efforts for implementation of the policy to facilitate the return of youth desirous to return to the State under the aforesaid policy.
Prof. Bhim Singh submitted in the court that this policy was framed by Mr. Omar Abdullah with deliberate attempt to call back the terrorists who had voluntarily taken Pakistani nationality and now the Govt. of J&K has worked out a foxy scheme to bring them back to J&K to resurrect the dying militancy in the State. He said that the Government of India was equally responsible for allowing foreigners (Pakistani nationals) to return to India via Nepal by using fake identity cards issued by the Govt. of J&K. Prof. Bhim Singh vehemently argued that the Surrender & Rehabilitation Policy was meant for Kashmiri boys only and not for Pakistani or other foreign nationals. He said that security of the country stands threatened under this policy and Govt. of J&K is criminally liable for such a treasonous act.
Advocates Mr. Satish Vig, Mr. Gaurav Bansal & Mr. S.K. Bandopadhyay assisted Prof. Bhim Singh, Sr. Advocate.