SC refuses to interfere with J&K rehab policy

The Bench,however,told him that the court was not the right forum.

Written by Express News Service | New Delhi | Published: December 7, 2013 1:03 am

The Supreme Court Friday refused to interfere with the rehabilitation policy of the Jammu and Kashmir government,framed to regulate return of persons who crossed over to Pakistan-occupied Kashmir (PoK) during the militancy in the state.

A Bench led by Justice K S Radhakrishnan held that a matter of policy decision by the government could not be challenged unless a petitioner could show how it violated fundamental rights in general or it was bad in law.

“How can we interfere with a policy decision? How can we quash the government’s policy decision? You tell me what is our role. We have no role in such matters. The Centre and the state government have to perform their roles as per the policy,” said the Bench while dismissing the PIL filed by the J&K National Panthers Party.

Senior advocate Bhim Singh urged the court to interfere in the larger public interest since,he claimed,the policy was being implemented in a manner not in consonance with the law of the land. The Bench,however,told him that the court was not the right forum.

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