No application received under Jammu and Kashmir Resettlement Act, 1982: J-K Govt tells SC

Satya Prakash
Tribune News Service
New Delhi, January 7

The Jammu and Kashmir Government told the Supreme Court on Monday that it had not received any application for resettlement under Jammu and Kashmir Resettlement Act, 1982, which allows grant of resettlement permit to Pakistani nationals who migrated to that country from the state between 1947 and 1954 after India’s partition.

 “The ‘Competent Authority’ envisaged under Section (2(a) of the J&K Grant of Permit for Resettlement (or Permanent Return to) the State Act, 1982 was never notified by the State Government. As such, no application could be received under the Act,” the state government said in an affidavit filed in the Supreme Court.

“Upon perusal of records it was found that no applications have ever been received under the Act of 1982 even by the Custodian of Evacuee Property, Jammu and Kashmir. Also, no application was ever by the office of the Custodian General,” the affidavit further read.

The Supreme Court—which is seized of a PIL filed by Jammu and Kashmir National Panther Party against the Act in 2001—had ordered a stay on the operation of the Act and in 2008. Last month, it had asked state government to furnish details of the number of applications it received from original migrants from Jammu and Kashmir to Pakistan expressing their intent to resettle in India. It’s likely to take up the matter on Tuesday.

“How can descendants of those who moved to Pakistan during partition be allowed to return under the 1982 Jammu and Kashmir Resettlement Act?” a Bench headed by Chief Justice of India Ranjan Gogoi had asked on December 13 during hearing on Jammu and Kashmir Panthers Party’s petition against the Act.

Pointing out that an 18-year-old person who migrated to Pakistan in 1947 would be 90-year-old now, the Bench had wondered if the state would allow such a person’s children and grandchildren and their spouses—born in Pakistan and having Pakistani citizenship—to come back and settle in Jammu and Kashmir.

“If the Act is put into operation, the grandchildren of those who migrated to Pakistan in 1947 can now come with their families and settle in Jammu and Kashmir. How do you include his/her children? This will amount to allowing someone other than those who migrated to Pakistan to settle in the state,” it had said.

Solicitor General Tushar Mehta had supported the PIL, saying permitting resettlement of descendants of those who migrated to Pakistan in 1947 from Jammu and Kashmir was fraught with serious security implications and would go against the Citizenship Act.

On December 7, the matter couldn’t be taken up after the top court permitted Jammu and Kashmir government counsel M Shoeb Alam to circulate a letter for adjournment of the case.

JKNPP had challenged the Act through then MLA Harsh Dev Singh. The Act was first challenged by him before the apex court in 1982. In 2001, he filed a petition in the top court against the Resettlement Act.

 JKNPP maintained that people of Jammu and Kashmir who migrated to Pakistan from 1947 could be considered for their return but their descendants could not be. The party had said that the law passed by the Assembly was draconian, unconstitutional and improper which threatened the security of the state.

The Supreme Court had in August 2016 hinted at sending the case to a Constitution Bench. It had said if during the course of proceedings it found that some constitutional issues were involved, it would refer it to a Constitution Bench.

JKNPP had earlier told the court that a Division Bench in 2008 had issued direction to list the case before a constitution bench but the Chief Justice in the same year had over-ruled the decision and ordered the matter to be listed before a three-judge Bench.

The case was considered by the Constitution Bench of the Supreme Court in 2001 on a presidential reference but the top court returned the reference to the President.