Neeraj Rohmetra
JAMMU, Dec 6: Virtually upholding Rehabilitation Policy mooted in 2010 by the State Government to facilitate the return of former militants from Pakistan and Pakistan-occupied Kashmir (PoK), the Supreme Court today refused to intervene in the matter and dismissed the petitions, which had challenged the policy.
The Supreme Court Bench comprising Justice K S Radhakrishnan and A K Sikri, while dismissing the Public Interest Litigation (PIL) filed by Prof Bhim Singh stated that it would be inappropriate to quash a policy decision of the State Government.
While refusing to intervene in the Rehabilitation Policy, the Bench said, ” the State Government had framed the policy in consultation with the Centre and it had the approval of Union Home Ministry. Both the Centre and the State Government had to perform their roles as per the policy”, they said, adding, “we, therefore have no role in it”.
Refusing to entertain the plea of Prof Singh that judicial intervention was required as policy was being implemented in a wrong manner and some militants had taken the benefit of the policy, the Bench remarked, “We can’t interfere in the policy decision. You can come back only if you have some specific information about the policy being misused”.
“The State Government has also submitted that they were closely monitoring all the cases, which fall under the category and no undue benefit will be provided to militants, who return to the State in contravention of provisions provided under the framed Surrendered Policy”, the Apex Court said.
Chief Minister, Omar Abdullah also in a written reply in the State Assembly on October 6 this year in summer capital had also admitted that not a single person had returned from PoK under the rehabilitation policy for former militants since the policy was announced three years ago.
“Due to some inexplicable reasons, no individual has returned from Pak/PoK to the State through the routes identified under the policy so far. Therefore, the benefit of the policy could not be extended to any of the individuals,” Omar had added in his reply in response to a question by leader of opposition, Mehbooba Mufti.
Responding to the comments of Prof Singh regarding the attempts being made by militants to enter the State via Nepal route, which isn’t the permitted route as per the policy, the Bench said, “the State Government had submitted that they were detaining all such persons, who enter the State from routes not permitted under the policy announced in 2010”.
As per the existing provision of the Rehabilitation policy, the State has notified only four entry points for militants wishing to return, which included Poonch – Rawalakote (Poonch); Uri-Muzaffarabad (Uri); Wagah (Punjab) and Indira Gandhi International Airport, New Delhi. The policy didn’t recognize Nepal for re-entry into the Indian territory, which is the case with several people who have returned to the State.
Source also stated that few days back, the NPP leader had also filed a rejoinder before the Supreme Court claiming that the Surrender Policy would also render the Article 370 ‘redundant’, which guaranteed special status to the border State. However, despite all these contentions, the Apex Court dismissed his petition.
Earlier, detailed affidavits were filed by the Union of India and Jammu and Kashmir State explaining their position as to who, under the existing policy are treated as terrorists and militants as per the direction issued by the previous Bench of Apex Court comprising Justice R M Lodha and Anil R Dave on January 8 this year.
The Bench had earlier in April this year, issued notice to the Centre and State Governments on separate pleas of Panthers Party that persons with Pakistani passports were being illegally allowed to enter Indian territory from Nepal by using fake I-card issued by Jammu and Kashmir Government. The plea had referred to the controversial case of suspected Hizbul militant Liyaqat Shah, arrested from Nepal border by the Delhi Police in March this year for allegedly conspiring to carry out terror attacks in Delhi.
Sources said that State Government has presently detained about 277 persons and their 578 family members, who had returned home via Nepal, which is not an approved route for return under the policy.
Besides, five ladies who had exfiltrated earlier had returned along with 10 children and their cases were being dealt with as per provisions of the law.
The Chief Minister in his written statement had admitted that 1,171 applications have been received on behalf of persons who are willing to return under the Rehabilitation Policy. Out of these, 12 cases – after clearance by the high level committee constituted vide the policy – have been recommended to the Government of India, Ministry of Home Affairs for further necessary action.
As per the policy framed by State Government in 2010, a high-level committee, headed by Commissioner/Secretary Home, was formed which had the final authority to clear the cases of youths who want to return from Pakistan and PoK. The policy was framed keeping in mind youths, who were keen to shun the path of violence and return to the State.
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