HC declines to stay NH restrictions order

Fayaz Bukhari
SRINAGAR, Apr 9: The High Court today declined to stay the Government order imposing bi-weekly restrictions on movement of civilians on National Highway and observed that safety, security and legality would be tested on the issue before passing of orders.
The division bench of Chief Justice Gita Mittal and Justice Tashi Rabstan Court sought counter affidavit from Central as well as State Government within 10 days and said that it shall be ensured that no difficulty is caused to commuters.
Adding the Defence Ministry and Ministry of Transport apart from State authorities, the division bench of Chief Justice Gita Mittal and Justice Tashi Rabstan sought counter affidavit from both Central as well as State Government on the issue within 10 days.
Court while hearing a bunch of petitions filed by various politicians including National Conference general secretary Ali Mohammad Sagar, PDP senior leader Naeem Akhter and IAS topper turned politician Shah Faisal and others, sought counter affidavit from the authorities to these pleas within 10 days.
Meanwhile, State counsel Bashir Ahmad Dar placed before the court, minutes of meeting headed by Divisional Commissioner Kashmir and the order passed today in light of these minutes.
Advocate Dar informed the court that in these minutes of meeting and the order passed today care has been taken of various Sections about the movement on highway during two dedicated convoy days.
Court has been informed that in order to implement the Government order dated 3.4.2019 which provides restrictions on 2 days in every week for smooth movement of convoys, the Divisional Commissioner Kashmir has convened a meeting for regulation of civil traffic movement during movement of security forces convoys on the National Highway.
The meeting was attended by Police, Transport and various Deputy Commissioners and after thoughtful deliberations and thorough discussions it has been directed that every Deputy Commissioner shall nominate a Nodal Officer at district level whose number shall be duly publicized as to who will issue travel passes after making sufficient verification.
“…However, in case of medical emergencies the ambulances carrying patients with proper medical prescriptions should be allowed after proper checking…”, order read.
The Deputy Commissioners have been directed to prepare a list of schools which are located along side the National Highway and issue necessary instructions to Zonal Magistrates and Police Officers to allow school buses ferrying students having proper I-Cards on NH-44 on days of restrictions.
About the employees, DCs have been asked to prepare a list of employees who need to travel on the highway on specific days for performing their duties. “Conduct a survey to ascertain the number of hospitals and other establishments falling on the NHW and ensure issuance of travel passes working in these establishments”, read the order.
In continuations to this, Additional Commissioner Kashmir issued an order today mentioning Lawyers/Advocates of High Court and other courts shall also be exempted from the restrictions and their I-Cards be treated as travel passes.
Further in today’s order, authorities have been directed to ensure that the commuters are allowed to pass the NHW in a hassle free manner.
“All medical emergencies shall be kept beyond the restrictions enumerated in the order and the medical prescriptions shall be treated as travel passes by the implementing agencies”, read today’s order.
During the proceeding of the case counsel appearing in petition filed by Shah Faisal submitted that he along with the PIL has filed an application seeking stay on ban order and the said application be decided today by the Court.
Court on the said application while declining to pass interim measure as sought by the counsel said appropriate orders will follow only after the counter affidavit is filed by the both Central as well as State Government.
Government last week ordered restrictions on the movement of civilians on the National Highway on Sunday and Wednesday between Baramulla and Qazigund.

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