Excelsior Correspondent
JAMMU, May 12: A Division Bench of Jammu & Kashmir and Ladakh High Court comprising Chief Justice N Kotiswar Singh and Justice Rahul Bharti has stayed the judgment passed by Writ Court quashing the new Village Defence Group (VDG) Scheme of the Government to the extent of SPOs.
The Writ Court judgment has been stayed in an appeal filed by UT of J&K through Commissioner/ Secretary Home Department.
After hearing AAG Monika Kohli for the Home Department and battery of lawyers for the respondents, the DB observed, “keeping in mind all the factors and circumstances and legal issues of seminal importance involved, in the context of a security sensitive part of the country and weighing the rival contentions, we are of the opinion that interest of justice would be better served if the impugned judgment dated 06.04.2023 along with connected writ petitions is stayed in terms of its operation during the pendency of this Letters Patent Appeal”.
“In assessing the balance of convenience, we have also kept in mind that the issues raised in the appeal in the context of UT of Jammu and Kashmir, which is still not out of woods in the context of its security issues and problems, have a direct bearing on Scheme of 2022 getting non starter and any uncertainty which may be caused in the implementation of the impugned judgment ought to be avoided”, the DB said.
“We are equally conscious that these issues ought to be resolved at an earliest, though we have been informed at the Bar that Letters Patent Appeal in respect of other connected writ petitions disposed of by the impugned common judgment have been filed, yet these are not likely to be disposed of very soon, as all the parties need to be notified and heard”, the DB further said.
The DB said, “VDG Scheme is meant to be an exercise in building an attitude of self help in security matters amongst the local population. The aim is also to supplement the ongoing efforts of the security forces in dealing with militancy, acts of subversion and trans-border movements”, adding “it is a manifestation of the will of the people to actively participate in the efforts to thwart the threat being posed to national security and integrity”.
The DB further observed, “in the ultimate analysis the success of the scheme would depend on the quality of men who would form these groups and the will behind these men”.
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