In a Public Interest Litigation filed by Kashmiri Pandit Sangarsh Samiti for protection of the lives of the religious minorities in the J&K as their lives are at stake due to callous approach of the Union Territory/Central Administration, A Division Bench of Jammu and Kashmir and Ladakh High Court comprising Chief Justice Pankaj Mithal and Justice Javed Iqbal Wani disposed of the PIL with the direction that petitioner Samiti to submit a fresh representation highlighting its grievances before the Secretary, Home, Union Territory of J&K in a comprehensive manner. Once such a memorandum/representation is submitted, the Secretary, Home, will sit with the President of the Samiti or any other nominee of the Samiti so authorized and consider the grievances of the petitioner and after receiving the suggestions, if necessary, may take appropriate remedial steps that may be considered necessary in the overall interest of the Union Territory and the members of the minority community as claimed.
When the PIL Came-up for hearing, DB observed that Sanjay K. Tickoo, President KPSS i.e., Kashmiri Pandit Sangarsh Samiti addressed a representation dated 01.06.2022 to the Chief Justice of this Court. The said Samiti through the medium of the aforesaid representation made the following requests: for protection of the lives of the religious minorities in the J&K as their lives are at stake due to callous approach of the Union Territory/Central Administration.
In the PIL, petitioner also seeking summoning of concerned official of the administration to explain the policy and mechanism they have devised since 08.06.2020, the date on which one Kashmiri Mr. Ajay Pandita (Bharti) was killed in Anantnag District and also to investigate all targeted killings that took place since 08.06.2020, to examine the role of all officers involved in it and to suspend them without any delay in negligence on their part and also seeking to investigate all transfers prior to 12.05.2022, which have been made at the behest of the blue-eyed persons.
DB after hearing both the sides observed that it is common knowledge that the administration is making all efforts to provide security and protection to the religious minorities in J&K and a robust mechanism is being deployed to avoid targeted killings and to investigate the incidents of all targeted killings and Advocate General has placed a note of Special DG, CID, J&K in a sealed cover to contend that all possible care is taken to address all the above issues.
DB while disposing of the PIL observed that this Court does not want to enter into the merits of the issues which have been raised by the petitioner Samiti in the representation to this Court and rather considers it appropriate to leave those issues to be considered, negotiated and resolved at the level of the Government in consultation with the representatives of the petitioner Samiti.
DB leave it open the petitioner Samiti to submit a fresh representation highlighting its grievances before the Secretary, Home, Union Territory of J&K in a comprehensive manner. Once such a memorandum/representation is submitted, the Secretary, Home, will sit with the President of the Samiti or any other nominee of the Samiti so authorized and consider the grievances of the petitioner and after receiving the suggestions, if necessary, may take appropriate remedial steps that may be considered necessary in the overall interest of the Union Territory and the members of the minority community as claimed. JNF