Kashmir unrest: SC rejects plea for Governor’s rule, but seeks status report

R Sedhuraman

Legal Correspondent

New Delhi, July 29

The Supreme Court on Friday rejected a plea for placing the trouble-torn Jammu and Kashmir under the Governor’s rule, but sought a status report on the law and order situation in the sensitive border state.

“The situation in the state keeps changing by the hour for which there is no judicial remedy,” a Bench headed by Chief Justice TS Thakur told senior counsel Bhim Singh who appeared for the PIL petitioner J&K National Panthers Party.

At the outset, the Bench told Singh, who also heads the party, it was rejecting the petition as “we cannot direct the Governor to take over the administration.

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Singh, however, persisted with his plea as people of the state were denied of their fundamental right to life due to non-availability of food, medicine and essential services. The Bench then advised him to approach the state high court.

Singh pleaded that communication was paralysed in the state as cellular companies had suspended prepaid services availed of by most of the people. He said he was willing to withdraw the plea for Governor’s rule and pleaded with the court to step in to ensure people’s fundamental rights by seeking a status report on the ground reality.

At this, the CJI consulted Justices AM Khanwilkar and DY Chandrachud, who were part of the Bench, and agreed to ask Solicitor General Ranjit Kumar to submit a status report. It, however, refused to issue notice to the Centre or the state government.

During the hearing, the Bench also advised Singh to keep politics out of the court. “Make sure you don’t fight your political battles in the court. We will come down heavily on you if we get the feeling that you are taking political mileage,” it warned.

In the petition, the party said a “chaotic condition” prevailed in the state as the entire Valley was under siege, with no security to life and liberty and access to water, food and medicine. Schools and colleges remained closed for two weeks.

The apex court should direct the Centre to advise the state Governor to take over the administration invoking his power under Section 92 of the state Constitution as the state government had miserably failed to maintain law and order, the petition pleaded.