Excelsior Correspondent
Srinagar, Sept 29: Jammu and Kashmir High Court today issued notice to State Government on a Public Interest Litigation (PIL) seeking formation of Special Investigation Team (SIT) to investigate criminal negligence of officials during floods and their punishment.
The PIL filed by Advocate Azhar-ul-Amin alleged that the recent flood caused heavy loss of life as well as property in the State due to negligence on part of the State authorities.
The Division Bench Comprising Chief Justice MM Kumar and Justice Ali Mohammad Magrey after taking cognizance of the PIL issued notice to the Government which was accepted on behalf of Government by Additional Advocate General Reyaz Ahmad Khan and Mushtaq Ahmad Chashoo and court directed filing of reply by next date of hearing of the PIL which is on October 13. “Reply is to be filed by or before adjourned date” directed the court.
In the PIL, Advocate Azhar-ul-Amin argued before the court that officers responsible for act of omission and commission deserved to be punished appropriately. He sought direction for constitution of special investigation team to investigate the role of officers guilty of criminal negligence in taking measures and further punishing those officers in accordance with law who are found guilty in such type of criminal negligence.
Advocate Amin stated that the measures those were required to be followed in accordance with flood manual were not taken and the acts of omission and commission of the State Government ranging from criminal negligence to direct acts of interference with flood protection measures, structural and non-structural has caused inundation of most parts of the capital city of Srinagar.
Holding Divisional Commissioner Kashmir, Chief Engineer Irrigation and Flood Control Kashmir, Chief Engineer R&B Department Kashmir, Chief Engineer Public Health Engineering Department Kashmir and Deputy Commissioner Srinagar personally responsible, Advocate Amin submitted there was direct interference with the embankments of river Jhleum in Srinagar which has serpentine course and instead of strengthening, widening or reinforcing the embankment it was fiddled with.
“Tall claims of Government to face the flood situation actually and factually proved false. Instance are galore where timely measures could have prevented breaches but there were no sand bags or appropriate officials to plug smaller breaches those took horrendous proportions for lack of proper management. State machinery was totally absent on the fateful day” reads the petition.
“Flood forecasting and warning is an important measure for minimizing loss of life and property, but both warning and forecasting by meteorological department was ignored. In this regard state needs to explain as why forecast and warning was criminally neglected and measures to coup up with the flood were not appropriately taken at appropriate time”, petition reads.
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