No judicial remedy for Kashmir issue, says SC

R Sedhuraman

Legal Correspondent

New Delhi, August 22

The Supreme Court today told the Jammu and Kashmir National Panthers Party that the judiciary was not in a position to deal with all “dimensions” of the current unrest in the border state and advised the party to approach the Centre for the purpose.

“Political leaders are meeting the Prime Minister. You also join them,” a Bench headed by Chief Justice TS Thakur asked Panthers Party chief and senior counsel Bhim Singh, who was pleading for the court’s intervention for restoring normalcy in the troubled state.

“Certain dimensions of the problem cannot be addressed by the court. You impress upon the government to accept your suggestions for improving the situation,” the Bench told him.  Singh pleaded that the Centre had not invited him for consultations as the Rasht-riya Swayamsevak Sangh (RSS) hated him. Taking serious exception to Singh’s remark, the Bench directed him to keep politics out of court proceedings.

At this stage, Solicitor General Ranjit Kumar said the Centre had not invited any political leader. Party leaders from the state had taken the initiative of approaching the Prime Minister. He, however, said he would put in a word with the Union Home Secretary about Singh’s desire to offer suggestions. Kumar, however, pleaded for disposing of the PIL as the state high court was monitoring the situation. The Bench clarified that Singh’s suggestions were not judicially relevant, but were “perhaps relevant politically.

There is no harm in giving a chance to him.” Nevertheless, the court kept Panthers Party’s PIL alive, asking Singh to file his response in two weeks to the Centre’s status report on the situation in the Kashmir Valley.

On July 29, the court had rejected the party’s plea to place J&K under Governor’s rule and sought a status report on the law and order situation. As the Bench was not inclined to entertain the PIL, Singh pleaded that the judiciary had the primary responsibility of ensuring that the people of the state were not denied their fundamental right to life due to non-availability of food, medicine and essential services. In the plea, the party said a “chaotic condition” prevailed as the Valley was under siege.