Neeraj Rohmetra
Jammu, Nov 17: Satisfied over the steps taken by the Centre to evaluate the authenticity of Rs 44,000 crore package being demanded by the State, the Supreme Court today refused to pass any specific directions to the former and categorically stated that it would be inappropriate to direct the Central Government to take decision on the issue ‘within few days’.
The Supreme Court bench headed by Chief Justice H L Dattu stated, “as a sequel to the package demanded by the State, the Central Government has constituted an Inter-ministerial team, which has visited the State for personal assessment of the situation. The counsel for the Centre has also submitted that the package is also being examined by the Union Finance Ministry and the Planning Commission”.
“Therefore, it would be inappropriate to pass any directions to compel them to arrive at a decision tomorrow about the Rs 44,000 crore package, pertaining to the relief and rehabilitation of flood victims”, the Bench observed adding, “we should wait for the report of the Inter-Ministerial group and the response from the Centre”.
Reacting to the allegations of petitioner regarding the failure of the State Government to provide succour to the flood-affected victims, the Bench which also comprised Justice A K Sikri asked the State Government to appraise it of the relief work undertaken by the State Disaster Management Authority (SDMA).
“The State Government should submit the notification pertaining to the constitution of the State Disaster Management Authority (SDMA) and also apprise the Court about the decisions taken by the same for relief and rehabilitation of the flood-affected persons. Submit a detail report on the next date of hearing about the exact situation on ground and steps taken by the State to provide succour to the affected people”, said the Bench.
Counsel for the State also submitted before the Bench, “till the Central Government decides on the Rs 44,000 crore package, permission should be granted to it for utilisation of Rs 27.6 crore from the Chief Minister Relief Fund. The funds are meant to provide relief to persons, who have lost their houses in the natural calamity that struck the State on September 7”.
As per the proposal submitted by the State Government, “for one year, the victims in Jammu and Srinagar would be provided Rs 5000 per month; Rs 3500 for those living in places like Udhampur, Baramulla and Rs 2500 for those living in villages”. The State Government had also sought permission from the Election Authorities on November 10, but was yet to receive any response from them.
The Bench refused to pass any directions to the Election Commission Authorities or give any consent for the proposal and first sought details about the notification regarding the constitution of SDMA and the decisions taken by it so far.
Legal sources pointed out that as per the Section 7 of the State Disaster Act, 2005, the Chief Minister is the ex-officio Chairman of the State Disaster Management Authority and under Section 20 of the Act, the Chief Secretary heads the Executive Committee for implementing all decisions taken by the SDMA.
The State Executive committee assists the State Authority in performance of its functions and coordinate action as per the guidelines laid down by the Authority and ensure the compliance of directions issued.
Refusing to pay any heed to the repeated allegations of the petitioner that the relief funds were being diverted by the ruling party, the Bench said, “the State will submit all the details about the relief works undertaken by the SDMA in the flood-ravaged areas”.
On the demand by petitioner Vasudhara Pathak Masoodi that all students including those appearing in XI and XII class be given promotion about exams, the Apex Court said, “it wouldn’t be practically possible as students in higher classes have to undergo entrance exams for professional courses and there are Statutory Authorities like Education Board, who conduct these exams. However, let the State Government consider these plea and take an appropriate decision”.
The State Government submitted before Court that it has already postponed the annual examination for classes I to VIII.
The Apex Court passed these directions while responding to the petitions including the PIL filed by Bhim Singh.
Meanwhile, in a related development, the Supreme Court Bench headed by the Chief Justice, H L Dattu today dismissed a plea of Jammu and Kashmir Awami National Conference (ANC) seeking postponement of Assembly polls in the flood-ravaged State.
The bench also comprising Justice A K Sikri refused to direct the Election Commission to postpone the polls in the State on the ground that relief and rehabilitation work was still on.
Earlier, the Election Commission had told the apex court that its Model Code of Conduct will not come in the way of on-going relief and rehabilitation work for the flood victims in the State which is going to polls in five phases from November 25.
The apex court had favoured relaxation of Model Code of Conduct in poll-bound Jammu and Kashmir to remove any hindrance in Government’s relief and rehabilitation work.
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