Excelsior Correspondent
Srinagar, Nov 22: High Court today closed the PIL seeking restoration of internet and mobile phones in Jammu and Kashmir Union Territory with the observation that the issue is already pending before the Supreme Court as such parallel proceedings cannot be entertained.
The PIL was filed by NGO mentioning that prevailing situation in the Union Territory of Jammu and Kashmir, particularly in the Kashmir Division, has given rise to a number of social issues which require immediate intervention of the court.
It was stated that the issues, besides being totally non-political, involve humanitarian aspect as well and include treatment of cancer patients, supply of essential commodities, illegal constructions and encroachments, earth filling of wetlands, land conversion and pollution in water bodies and gag on mobile and internet connectivity.
When the matter came up for consideration Union Counsel Tahir Majid Shamsi, as well as counsel representing the UT Government submitted that a Constitution Bench of the Supreme Court is already seized of the matter in numerous petitions on the same issues raising similar, identical or akin grievances and involving more or less same prayers and, therefore, this petition before this court need not be entertained.
The Division Bench of Justice Ali Mohammad Magrey and Justice D S Thakur given the fact that the Apex Court is seized of the issues raised in the petition in the various petitions pending before it, as enumerated, said, this court cannot entertain this petition and proceed to hear it which may result in parallel proceedings.
“Therefore, we dispose of this petition giving liberty to the petitioner to approach the Supreme Court for the relief claimed here in this petition”, DB said
However on the issue of illegal constructions and encroachments, earth filling of wetlands, illegal land conversion and pollution in water bodies, as raised by the petitioner, court said, the issue is already sub-judice before this court in various related litigations, including Public Interest Litigation on preservation of Dal Lake as such, the petitioner is left free to agitate his grievance therein, if he so chooses.
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