Fayaz Bukhari
Srinagar, Oct 31: After 27 schools were torched for last few weeks in Kashmir, the State High Court today directed the Government to take necessary steps for saving the school buildings from being burnt.
The order issued by the division bench of Jammu and Kashmir High Court comprising Justice Mohammad Yaqoob Mir and Justice Ali Mohammad Magrey for protection and saving the school buildings reads: “…Chief Secretary, Director General of Police, J&K and Director School Education, Kashmir are directed to issue necessary instructions to all Deputy Commissioners, Senior Superintendents of Police and Chief Education Officers of the concerned districts to take all preventive and protective measures as shall be necessary for saving the school buildings from being burnt by miscreants, enemies of education and ensure that no other school building, building in any manner, is harmed or destroyed. Further, mysterious enemies of education shall be unmasked and dealt with iron hand.”
Court said: “We hope that the mysterious persons will stop burning the school buildings and also hope that the citizens will also help in protecting the school buildings.”
The issue of burning of 27 schools in Kashmir was taken up by the Special Division Bench of the High Court constituted by Chief Justice of N Paul Vasanthakumar today.
“From various quarters, it is learnt that during last about three months, 26 schools in Kashmir were set on fire. Within last 24 hours, 3 schools were targeted and set on fire by the miscreants”, the order issued by Chief Justice read.
While taking suo moto Public Interest Litigation, the Chief Justice in his order said: “It is the duty of the State administration, particularly persons running the administration to ensure safety of the schools which are treated as temples of learning.”
The division bench while making observations said: “Can a nation, community or State afford to shun the path of education or bear the loss of mysterious burning and destroying the school buildings? Continuously everyday there is news item that the school building has been mysteriously burnt. Is it acceptable? Answer is no. On hearing about such an unfortunate and horrendous episode everybody bleeds. Its reflection is in the news items and articles as have appeared in today’s daily newspaper.”
“Alas? Mysterious enemies of education are mysteriously burning centres of learning schools/institutions. The State administrative authorities are required to have resort to protective measures but they are still in deep slumbers, appear no to have devised any protective policy for protecting school buildings”, Court said.
“It is the collective responsibility of all to save the school buildings. By burning a school building a mysterious person may enjoy its flames and smoke but that sadistic enjoyment can be only for an hour or so, least realizing that he is darkening the educational atmosphere. All concerned at their respective levels and the authorities of the Government in particular shall immediately take all necessary measures so as to protect these school buildings”, court observed.
Advocate General Jehanghir Ganai while making submission before the court said that the children are not coming to the schools even if schools are kept open but that will not help in removing the darkness. “The responsibility of the State is to keep the institutions open, and then it is the responsibility of the citizens to avail benefit of the same. Whether children will appear in the schools or not, that is the responsibility of the parents but on such ground the State authorities cannot say that they have a difficulty in protecting the school buildings”, he said.
Divisional Commissioner Kashmir, IGP Kashmir, Director School Education Kashmir present in the Court and Advocate General stated before the court that there are inherent hardships, schools are established in every nook and corner of the State. “For providing adequate protection there are certain difficulties but with this reply we are not satisfied because it is the responsibility of the State to protect the public property, more particularly the school buildings (centers of learning)”, reads the court order.
The court observed that the authorities have not devised methods and measures for protection of schools. “It appears that till now the authorities at various levels have not taken a call by sitting together for devising methods and measures for protecting these school buildings from being burnt. All the three responsible officers present in the court are directed to sit together with higher authorities and lower officials and to devise modes and methods which shall be effective in protecting school institutions”, observed the court.
Court has sought report from the Government in week’s time. “Comprehensive and consolidated compliance report be filed by or before 7.11.16 and asked these officials to remain present on this date before the court”, the court order read.
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