Seeks report from GoI about prevailing ‘ground realities’; dismisses plea for Guv rule
New Delhi: Observing that the situation in Jammu and Kashmir cannot be “managed judicially” as “it is a political issue”, the Supreme Court on Friday asked the government of India to file a status report detailing the “ground realities” prevailing in the state after the killing of Hizbul Mujahideen commander Burhan Wani on July 8.
A bench headed by Chief Justice T S Thakur, however, did not issue notice on the PIL filed by senior advocate and Jammu and Kashmir National Panthers Party (JKNPP) leader Bhim Singh seeking imposition of Governor’s rule in the state.
“We will ask the Solicitor General (Ranjit Kumar) to file the status report as to what are the ground realities,” the bench also comprising Justices A M Khanwilkar and D Y Chandrachud said and cautioned Singh not to take “political mileage” of the court proceedings.
Terming the situation in the Valley as “different” which changes on “hourly” or “daily” basis, the court said, “Make sure, you make no political overtones in this proceedings or we will come down heavily on you if we come to know that you are taking political mileage of the court proceedings”.
The court, which was initially reluctant to entertain the PIL, said that the situation in the state cannot be “managed judicially” as it is a “political” issue.
The senior advocate said that due to the use of pellet guns, persons are becoming blind and there are no medicines and medical facilities available to the citizens.
The court asked Singh about his visits to the Valley and said, “bring us one person who is unable to go to the hospital due to the prevailing condition. Bring before us one such person who has specific grievance. For one whole year, you have not visited Kashmir and you are coming to the court.”
Earlier, the court had agreed to hear the plea seeking imposition of Governor’s rule in the state on account of prevailing law and order situation there.
The plea has said that Governor’s rule under section 92 of the Constitution of Jammu and Kashmir should be imposed and sought a direction to the Governor to dissolve the Assembly “which has failed to discharge its duties and functions”.
“The situation in Jammu and Kashmir has been chaotic and there is no public order in existence as such, the lawyer had contended.”
The plea said, “there is literally rule of the gun and the people in the Valley have no access to even water or medical stores.
“The people in Jammu and Kashmir have been forced to stay inside their house and homes without food, medicines or other essential commodities needed for human survival,” it said.
The plea sought direction to the Governor of Jammu and Kashmir to intervene under section 92 of the Constitution of Jammu and Kashmir and take over the administration in the state in the interest of security, safety and fundamental rights of the Indian citizens.