(T.S. Thakur, C.J. and R. Banumathi and Uday Umesh Lalit, JJ.)
All India Kashmiri Samaj & Ors. _____________________ Petitioner(s)
v.
Union of India & Anr. ____________________________ Respondent(s)
Writ Petition (Civil) No.(s). 534 of 2006, decided on March 4, 2016
The Order of the court was delivered by
Order
1. This petition has been filed under Article 32 of the Constitution of India. It prays for several directions including a direction to declare Kashmiri Pandits as “Internally Displaced Persons” within the meaning of the guiding principles on “Internally Displaced persons” adopted by ‘Office of the U.N. High Commissioner for Human Rights’. It also prays for a direction to the respondents to investigate and prosecute cases of massacre and murders in terms of averments made in para 6-A, B and para 16 of the writ petition and for a direction to remove all encroachment on properties within the State of Jammu and Kashmir with a direction that properties, movable or immovable, sold by displaced persons after 1989-90 be declared as ‘Distress Sales’. The petition further seeks a direction to the State Government not to acquire any property owned by any Kashmiri Pandit without the prior concurrence of the Ministry of Home Affairs, Government of India, and to provide permanent housing accommodation to all the Kashmiri minority migrants living in various parts of the country.
2. The State of Jammu and Kashmir has filed its counter affidavit and so has the Government of India to which learned counsel for the petitioners has filed a rejoinder that runs into 407 pages.
3. Having heard learned counsel for the parties at some length, we are of the view that since the writ petition seeks multifarious reliefs it will be more appropriate if the same is transferred to the High Court of Jammu and Kashmir at Jammu for hearing and disposal in accordance with law. We say so particularly because according to Mr. Sunil Fernandes, learned counsel for the respondent-State of Jammu and Kashmir, matters concerning relief and rehabilitation of Kashmiri migrants is being handled by the Relief and Rehabilitation Department of the Government which is located in Jammu. It may, therefore, be more convenient to both the parties to urge all such contentions as may be open to them before the High Court of Jammu and Kashmir at Jammu where the concerned departments and the relevant record is located.
4. We accordingly transfer this petition to the High Court of Jammu and Kashmir with a request to the Chief Justice of that Court to assign the matter to an appropriate Bench so that the same are disposed off as expeditiously as possible.
5. The parties are directed to appear before the High Court of Jammu and Kashmir through their respective counsel on Tuesday, the 5th April, 2016. The Registry is directed to despatch the record to the High Court at the earliest. No costs.
Writ Petition(s)(Civil) No(s). 534/2006
All India Kashmiri Samaj & Ors ______________________ Petitioner(s)
v.
Union of India & Anr _____________________________ Respondent(s)
Date : 04/03/2016 This petition was called on for hearing today.
(Before T.S. Thakur, C.J. and R. Banumathi and Uday Umesh Lalit, JJ.)
For Petitioner(s) Mr. T.K. Ganju, Sr. Adv.
Mr. Manik Ahluwalia, Adv.
Mr. Abhishek Bhardwaj, Adv.
Mr. Rajiv Talwar, Adv.
For Respondent(s) Mr. Maninder Singh, ASG
(Union of India) Ms. Binu Tamta, Adv.
Ms. Sadhana Sandhu, Adv.
Ms. Sushma Suri, Adv.
(St. of Jammu and Kashmir) Mr. Sunil Fernandes, Adv.
Ms. Astha Sharma, Adv.
Ms. Mithu Jain, Adv.
Mr. Puneeth K.G., Adv.
UPON hearing the counsel the Court made the following
Order
6. The writ petition is disposed off as the same is transferred to the High Court of Jammu and Kashmir in terms of the signed order:
“We accordingly transfer this petition to the High Court of Jammu and Kashmir with a request to the Chief Justice of that Court to assign the matter to an appropriate Bench so that the same are disposed off as expeditiously as possible.
The parties are directed to appear before the High Court of Jammu and Kashmir through their respective counsel on Tuesday, the 5th April, 2016. The Registry is directed to despatch the record to the High Court at the earliest. No costs.”
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