(1) SPECIAL leave granted. (2) ON a petition filed under Article 226 of the Constitution by the Bar Association of Jammu and Kashmir at Srinagar, a division bench of the High Court coir.prising Mathur, C.J. and Kochani, J. directed the respondents by the order dated 22/10/1993 to permit Shri Z.A. Shah, advocate, and counsel for the petitioner to enter the Hazratbal Shrine and report all the matters enumerated in the said order. As the State had an objection to the access of Shri Shah into the Shrine it approached this court by way of a special leave petition (No. 17239 of 1993, This court passed an order on 24/10/1993 permitting the State to seek a modification of that order, in that, in place of Shri Shah, a team of willing Red Cross personnel (not exceeding five in number) may be permitted to enter the Shrine and report all matters enumerated in the High courts order. It was left to the State to move the High court, if it so pleased. It appears that thereafter on the States motion, the High court modified the order whereby four Medical Officers were appointed in place of Shri Shah to visit the Hazratbal Shrine in compliance with its order of 22/10/1993. The said team of Medical Officers submitted a report to the High court on 29/10/1993 inter alia stating that the total number of persons inside the Shrine were 80 in addition to some other persons whom they were not allowed to see. Amongst the persons present in the Shrine seen by this team of Medical Officers were one woman, 21 sick persons, out of whom two were serious but no child below the age of 12. No foodstuff was found inside the Shrine. There was no availability of water except approximately five litres in a tin container, no electricity and the sanitary arrangements were absent, in that, the bathrooms of the nearby Hamams used by the inmates as latrine were full of human refuse (excreta) which could not be cleaned for want of water and there was an awful smell. This team of medical men examined the sick and gave emergency medical aid to them. (3) ON the basis of the aforesaid report the division bench of the High court passed another order dated 29/10/1993, which is impugned by way of special leave petition (No. 17509 of 1993 before us. This team of medical men examined the sick and gave emergency medical aid to them. (3) ON the basis of the aforesaid report the division bench of the High court passed another order dated 29/10/1993, which is impugned by way of special leave petition (No. 17509 of 1993 before us. By the impugned order the High court came to the conclusion that the report of the Commissioner made out a prima facie case for the grant of an interim order and directed that the authorities shall not put any impediment in the supply of food to the inmates of the Shrine by petitioner 2, namely "Jammu and Kashmir Muslim Auqaf Trust", to the 80 persons found in the Shrine. The food to be supplied would be checked by the authorities to ensure that no extraneous material was smuggled into the Shrine. It was further directed that the State should ensure supply of water, electricity and treatment to the sick. For treatment Dr S.M. Rafiq, CMO Srinagar, and one of the Commissioners was directed to visit the Shrine everyday in the morning between 10.00 and 12.00 and examine the sick and provide them the necessary treatment. The High court further stated that if any sick person requires specialised treatment he may make a report to the Director of Health Services who shall thereupon ensure the required treatment. It is this order passed by the High court which is questioned in this appeal. (4) WE have heard learned Senior Counsel, Mr Kapil Sibal, for the State of Jammu and Kashmir, and the learned Senior Counsel, Mr V.M. Tarkunde for the respondents. We have perused the averments in the petition as well as in the affidavit of Shri Umang Narula, Additional secretary, government of Jammu and Kashmir, Home Department, filed today. We discussed the matter with both the learned counsel and we are happy to say that their approach was that innocent hostages of the militants inside the Shrine who are themselves victims and are being held at ransom should not suffer on account of their forcible detention by the militants. But at the same time learned counsel for the State submitted that the State is faced with a serious and delicate problem and it has to take adequate measures to flush out the militants and to rescue the hostages who are inside the Shrine. But at the same time learned counsel for the State submitted that the State is faced with a serious and delicate problem and it has to take adequate measures to flush out the militants and to rescue the hostages who are inside the Shrine. He pointed out that while the requirement of Article 21 of the Constitution as well as the requirements of satisfying the basic human rights is uppermost in the minds of the State authorities, it cannot permit the supply of food of that quantity which would give the impression that the inmates in the Shrine, both militants and others, are provided with a hearty feast. The learned counsel submitted that if all the amenities required for a comfortable life are provided to the inmates of the Shrine it would be well-nigh impossible for the authorities to flush out the militants. He, therefore, submitted that the State would have no objection to the supply of food which is essential for bare sustenance and that too to the innocent persons who are themselves hostages of the militants but not to the militants. Taking these factors into account and having regard to the suggestions made at the Bar on behalf of the State, we deem it appropriate to modify the order of the High court as under : 1. The authorities will permit food packages prepared under their supervision comprising rice, dal, chapati/paratha or nan and one vegetarian or non-vegetarian item fit for consumption with chapati, etc., in the Shrine at the place suggested herein, the food will be served under the supervision of MrWajahat Habibullah, Divisional Commissioner, whose name was approved by both sides, to small group of inmates whose number may be of 5 to 10 (or more if the authorities so approve) at the Iron Bar Fencing of the Shrine or at such other place as Shri Habibullah may consider convenient. If there is any difficulty in this behalf the parties may seek further directions from the High court. The inmates may consume the food at the said site but will not be permitted to carry the same inside the Shrine, the quantity whereof to be determined by the authorities but which shall not be less than 1200 calories. 2. Drinking water will be supplied along with food in small plastic bottles. 3. The inmates may consume the food at the said site but will not be permitted to carry the same inside the Shrine, the quantity whereof to be determined by the authorities but which shall not be less than 1200 calories. 2. Drinking water will be supplied along with food in small plastic bottles. 3. In regard to the supply of electricity the authorities are anxious to avoid any misuse and therefore it is provided that either they may fit floodlights outside which would illuminate the area occupied by those within the Shrine or they may be provided candle lights because there were as many as 21 sick persons in the Shrine and they may require attendance at night. The arrangement made by the High court in regard to visit of Dr Rafiq, CMO Srinagar, will continue and that direction will remain intant. 4. It is found from the report of the Commissioners that the toilets are filled with human excreta and give out an awful stink. In order to ensure that no epidemic spreads it is directed that the authorities will have the toilets cleaned and provide that quantity of water which is sufficient to keep the toilets and lavatories clean. In this connection the authorities may take assistance of Dr S.M. Rafiq who would be visiting the Shrine daily to ensure that sufficient cleanliness is maintained to avoid spread of any epidemic. (5) HI view of the above modification in the order of the High court the contempt proceedings will not survive and the notices in that behalf will stand discharged. Any direction/clarification required in regard to this order will be obtained from the High court. (6) BOTH the appeals will stand disposed of accordingly with no order as to costs.