*Rs 9.05 cr held up despite explicit orders of SC, HC
Mohinder Verma
JAMMU, Apr 18: Division Bench of State High Court comprising Chief Justice N Paul Vasanthakumar and Justice Dhiraj Singh Thakur today came down heavily on the State Government for adopting inhumane approach towards the Jammu province migrants by denying them arrears of relief despite explicit orders. Anguished over the dilly-dallying approach, the DB has directed the Chief Secretary to appear in person on April 20 so as to explain the reasons behind the contemptuous attitude towards the directives of Supreme Court as well as High Court of J&K.
The direction was passed in a contempt petition titled Jagdev Singh Versus Union Home Secretary and Others. When this contempt petition came up for hearing, Advocate H C Jalmeria submitted before the Division Bench that on November 11, 2009, the High Court had directed the State to pay arrears of relief to 994 identified families of Jammu migrants within a period of three months but despite lapse of six years, the order has not been complied with.
“The State Government is continuously getting unaccounted money under Security Related Expenditure but the arrears of relief are being denied to these 994 families identified by none else than the State Government that too on an affidavit filed before this court”, he further submitted, adding “the State Government is playing truant with the Jammu migrants despite explicit directions of Apex Court of the country and High Court of J&K”.
He, while referring to the affidavit filed by the State in the High Court in 2009, said that arrears of relief to the tune of Rs 9.05 crore have yet not been given to the Jammu migrants. He prayed for initiating contempt action against the respondents for willfully disobeying the orders of the Supreme Court and State High Court.
On this, Chief Justice N Paul Vasanthakumar asked Additional Advocate General, S S Nanda appearing for the State to explain the reasons behind non adherence to the orders and denying of arrears of relief to the Jammu migrants during the past six years. Mr Nanda, however, failed to give any satisfactory reply and simply prayed for grant of more time as final opportunity.
His prayer, however, was turned down by the Division Bench with Chief Justice, in the open court, saying: “The order for payment of arrears of relief was passed in 2009 and we are in 2016 now but these migrants are still clamoring for their pending arrears. This is inhumane approach on the part of the Government. How can you justify the delay of six years”.
When AAG Nanda again prayed for grant of more time, the Chief Justice said, “we are ready to grant you four weeks time but to get this relief you will have to pay even interest on the arrears”, adding “it is shocking that despite lapse of six years you are still not ready to pay the arrears and just trying to buy the time”.
While expressing anguish over dilly-dallying approach, the Division Bench directed the Chief Secretary to appear before the court on April 20. “Let, the Chief Secretary appear day after tomorrow to explain the reasons behind non-implementation of orders”, Chief Justice said in the open court.
An amount of Rs 15.44 crore was worked out by the State Government for payment to 994 families migrated from different parts of Jammu province. Out of this, an amount of Rs 6.39 crore has been paid till date and remaining Rs 9.05 crore is yet to be released and disbursed.
It is pertinent to mention here that like Kashmiri migrants, large number of people also migrated from militancy infested areas of Jammu province. However, migrants from Kashmir valley and different parts of Jammu province were treated differently by the respective State and Central Governments and this became the ground for filing of a petition in the High Court of J&K.
After a long drawn legal battle, the State High Court gave direction to the Union and State Governments to provide relief to all the Jammu migrants at par with the Kashmiri migrants. However, State Government failed to digest this and knocked the doors of the Apex Court of the country against the judgment of J&K High Court.
In the month of July 2006, a Bench of the Supreme Court directed the Centre and State Government to treat the Jammu migrants at par with the Kashmiri migrants and provide them relief after verifying their migrant status. Despite this, the State Government continued to adopt dilly-dallying tactics which compelled the National Panthers Party, which is espousing the cause of Jammu migrants, to file a contempt petition before the Supreme Court.
The Apex Court referred the contempt petition to J&K High Court with the direction to the Chief Justice to take up the matter and consider it on the judicial side and pass appropriate orders. On November 11, 2009, the Division Bench of J&K High Court observed, “it is the obligation of the State to make available relief to Jammu migrants from April 2004”. Accordingly, the DB directed the State to provide arrears of relief to the Jammu migrants within a period of three months and kept the option of filing fresh contempt petition open in case of further non-compliance.
As there was non-adherence to the directives, a fresh contempt was filed before the DB which came up for hearing today and resulted into passing of directions to the Chief Secretary to appear in person on April 20, 2016.
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