Jammu Province Migrants Comm. & Ors v. State Of J. &K.
2008-02-28
J.P.SINGH
body2008
DigiLaw.ai
1. These three writ petitions have been filed by Jammu Province Migrant Committee and 676 persons, hailing from District Doda and District Poonch of the State of Jammu and Kashmir, projecting their sufferings and hardships to which they have been put to because of the unabated activities of the extremists in their respective areas. The petitioners, belonging to the poorer strata of the society, are dependent on their bread only on the availability of some or the other menial work at the places of their residence. They say that it was because of the activities of the militants, who had been indulging in merciless killing of innocent, that they had to leave their home and hearth in search of some safer places in Jammu Province. 2. Petitioners grievance in these writ petitions, in nut shell, is that though entitled to treatment similar to those who had migrated from Kashmir Province, they had been denied this relief because the authorities had turned a deaf ear to their genuine request, treating them differently. They thus seek directions against the respondents to register them as migrants and to provide them all those facilities which are available to those who had migrated from Kashmir Province, in accordance with the policy guidelines, orders and instructions issued by the Government in this behalf from time to time. 3. Learned Additional Advocate General, Mr. B. S. Salathia, appearing for the respondents, submits that State Government does not intend to treat the petitioners differently and that Relief Commissioner (Migrants) Canal Road, Jammu, shall examine the cases of the petitioners and, in case they were found to have migrated because of the threat perception and the activities of the militants in their respective areas, requisite orders for their registration and providing them relief shall be issued in accordance with law, policy guidelines and instructions issued in this behalf from time to time. 4. This Court has time and again issued directions to the State government to treat similarly all those persons who had suffered because of the activities of the militants and to provide them requisite relief so that they are able to survive with dignity and honour while enjoying their fundamental right to life and liberty.
4. This Court has time and again issued directions to the State government to treat similarly all those persons who had suffered because of the activities of the militants and to provide them requisite relief so that they are able to survive with dignity and honour while enjoying their fundamental right to life and liberty. Honble Supreme Court of India too had issued certain directions in this behalf to the State government for looking into the plight of those who had migrated because of the terror let lose by the militants in some areas of Jammu province as well. 5. In view of the stand taken by learned State counsel and the facts and circumstances of the case, these petitions may not survive for further consideration and are required be to disposed of at his stage with following directions;- 1. All those petitioners who had found it difficult to stay at the places of their residence, because of the threat perception and the activities of the militants who had been active in their areas, shall file applications within a period of seven days with Relief Commissioner (Migrants) Canal Road, Jammu, detailing the circumstances under which they had to migrate to safer places in Jammu and the relief to which they may be entitled to. 2. Relief Commissioner (Migrants) Canal Road, Jammu, shall examine all these cases and, if need be, shall obtain requisite reports needed for such examination from concerned quarters, within a time frame to be fixed by him in this behalf, and shall thereafter pass effective orders on these applications, looking to the need and requirement of the applicants, within a period of three months from the date of receipt of applications. 3. All those petitioners, who are found entitled to their registration as migrants, shall be provided requisite relief, as admissible to them in view of the policy guidelines, instructions and orders issued by the Government in this behalf from time to time. 6. These petitions along with CMP nos. 716/06, 1535/2007, 184/2006, 1533/2007 & 1534/2007 are, accordingly, disposed of with the above directions.