The High Court exercising its constitutional rights had taken River Jhelum into its custody as Custodial Legis meaning (court property). The question is what forced the court to take this unusual step. There is strong justification for that. The Court has been working hard to protect river Jhelum and vacate encroachments in order to save the city and other parts of the valley from floods. A number of improvements were affected through court order that led to improvement in handling the waters and beautifying the banks of the river. Now, the court feels that all its labour could get washed away because the fear of encroachers reviving their illegal activities is very much there. Though the court has avoided making any reference to the interference of political class, yet the general impression among the people is that politicians using their clout would try to grab the land again and spool all the labour which the court has done. This justification has made the court to issue the custodial orders so that nobody can dare to defy court orders.
This step in the interests of the general public and, therefore, it is a welcome step. The court decision of exercising its power is something which has won appreciation of the people. We would also like that the Court considers similar step in protecting private properties, shrines and temples of the displaced community, which actually could be designated as cultural heritage and given protection under the provision of Custodial Legis. That would be a historical service to the heritage of Kashmir.
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