HC closes PIL after Central laws became applicable in CBMD case

By
Daily Excelsior
-

Excelsior Correspondent
SRINAGAR, Feb 17: High Court today closed the PIL seeking appropriate guidelines for admission of children with Bench Mark Disability in order to ensure protection of their fundamental rights guaranteed to them under the Constitution.
The Division Bench of Justice Ali Mohammad Magrey and Justice V C Koul after hearing the Senior Additional Advocate General, who submitted before the bench that all efforts and endeavour shall be made by the Government of the Union Territory of the Jammu and Kashmir to implement all such Central laws as have been made applicable to the Union Territory of Jammu and Kashmir with the coming into force of the Jammu and Kashmir Reorganization Act, 2019, including the laws relating to the subject of the instant PIL.
“Given the position obtaining in the matter, we feel that there is no requirement of issuing any specific directions qua the relief claimed by the petitioners in this petition”, Court said adding “at the same time, we, while closing this PIL, hope and trust that the authorities concerned in the Government of the Union Territory of Jammu and Kashmir, who are tasked with the duty of ensuring implementation of Central laws relating to the subject matter of the instant PIL, make all efforts to ensure implementation of such laws in letter and spirit”.
Court, however, made it clear that in case the petitioners still feel dissatisfied with any action or inaction on the part of the authorities of the Government of the Union Territory of Jammu and Kashmir despite application of the relevant Central laws to the Union Territory of the Jammu and Kashmir, they shall be at liberty to approach the appropriate forum as may be available to them in accordance with law.
Assistant Solicitor General of India also informed the court that with the coming into force of the Jammu and Kashmir Reorganization Act, 2019, thereby leading to application of the Central laws in the Union Territory of Jammu and Kashmir as well as the Union Territory of Ladakh, the subject matter of the instant Public Interest Litigation has turned in fructuous as the rules/ guidelines with regard to the grievance projected by the petitioners herein stand notified in terms of the applicable Central laws and that it is, now, the responsibility of the Administration of the Government of the Union Territory of Jammu and Kashmir to implement such rules/ guidelines.

WhatsApp Icon Follow our WhatsApp channel