Neeraj Rohmetra
Jammu, Aug 13: The Supreme Court today issued instructions to Jammu and Kashmir Government to file a detailed affidavit dwelling on circumstances that led to communal clashes in Kishtwar and thereafter steps initiated by the State Government to control the situation.
The Court also directed the State Government to initiate all required steps for helping the pilgrims stranded due to eruption of violence in the area as well as for the safety of people residing in and around Kishtwar areas.
The directions were issued by a Bench headed by the Chief Justice of India, P Sathasivam and comprising Mrs Justice Ranjana Prakash Desai and Justice Ranjan Gogoi while hearing the case Sudesh Dogra Vs Union of India.
The apex court directed the Chief Secretary to file the affidavit by August 21 on a PIL seeking direction to the Government to provide safe passage to the pilgrims stranded there due to curfew in Kishtwar to enable them to return home.
Putting the onus of the safety of pilgrims on the State Government, the SC order, whose copy is in possession of EXCELSIOR says, “we hope and trust that the State Government would take adequate measures to help the stranded pilgrims, as well as about the safety of the people residing in and around the area concerned”.
Senior counsel for the Jammu and Kashmir Government, Gaurav Pachnanda also informed the Court that the State had decided to constitute a Commission headed by a retired Judge of Jammu and Kashmir Court.
“Further, the State Government is making all efforts to control the situation and Rs 5 lakh would be given to the families of those killed in the clashes and upto Rs 2 lakh compensation would be paid to people whose properties were damaged”, he added.
Commenting on the status of pilgrims, the Counsel stated, “about 350 pilgrims have been stranded at Gulab Garh at this stage. The State Government has made all security arrangements for them and suitable steps have been initiated to evacuate these stranded pilgrims to safer places”.
Responding to apprehension aired by senior Counsel, Bhim Singh, who appeared on behalf of petition, the Court said, “it said that the court cannot control the administration and that they are the right persons to deal with the situation and it would pass any order only after going through the affidavit”, adding, “the Government officials present on ground are the best judge and they must be allowed to act with free hand to control the situation. How can we restrain the State Government from imposing conditions”?
Acknowledging the statement submitted by senior counsel appearing for the State, the Bench stated “at this stage, we cannot say that the State Government is sitting mum. They are acting.”
The Bench said that it is not underestimating the seriousness of the situation but it had to go through the ground situation prevailing in Kishtwar before passing any order.
In the meantime, official sources confirmed that Machail Mata Yatra and Budha Amarnath Yatra remained suspended for the fifth consecutive day after tension prevailed in the area in wake of communal clashes in Kishtwar. Several of these pilgrims were stranded in Gulabgarh area of Kishtwar. However, pilgrimage to Shri Amarnath ji shrine resumed today under the protection of Army.
The PIL has been filed by Sudesh Dogra of J&K National Panthers Party, seeking direction to the State Government to provide safe passage to the pilgrims to enable them to return home.
The petition, filed through senior advocate Bhim Singh, sought a direction for providing food and medical facilities to the stranded pilgrims travelling back from Machail to Batote (National Highway) till their evacuation saying their survival is under threat.
It also sought compensation for all those whose houses, shops, infrastructure and other belongings have been destroyed by the mob in the clashes in Kishtwar.
Friday’s communal violence left three people dead and several others injured in Kishtwar district where curfew was clamped.
The streets of Kishtwar saw communal clashes on Eid-ul-Fitr. Several shops and vehicles were burnt.
Meanwhile, Union Home Ministry has told the State Government to deploy adequate security forces to ensure that violence doesn’t spread to other parts of the border State.
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