
Refusing to interfere with the J038;K Government8217;s decision of revoking the transfer of land to Amarnath Shrine Board, the Supreme Court on Friday made it clear that it was a decision taken by the Cabinet and the court could do little about it. But at the same time, it ordered all the authorities to provide complete security to pilgrims stranded in the state due to the turmoil over the issue.
8220;We cannot revoke a Cabinet decision,8221; observed a vacation Bench of Justices Altamas Kabir and G S Singhvi while hearing a PIL filed by Bhim Singh, chairman of the Jammu and Kashmir National Panthers Party.
Underlining that courts had had enough in the garb of so-called Public Interest Litigations, the court noted, 8220;We are not going to withdraw curfew. Lifting the curfew is beyond our jurisdiction.8221;
The Bench, however, said adequate security and medical facilities must be provided to stranded pilgrims to Amarnath and Vaishno Devi shrines. 8220;Pilgrims either to Vaishno Devi or Amarnath Shrine be provided adequate security till they complete their pilgrimage and leave Jammu and Kashmir,8221; the Bench ordered.
The court repeatedly clarified that it would not consider other issues and submissions like compensation to the families of victims killed and injured in police firing during the protest, as these issues fell in the domain of the administration.
The Bench, however, warned the petitioner who had filed the PIL in his personal capacity, not to extract political mileage out of it.
Asserting that there were petitions which were 8220;publicity interest litigation and paisa interest litigation8221;, the court said here was an attempt to use it for political purpose. 8220;You are converting public interest litigation into political interest litigation,8221; the court observed as Singh argued that the decision of revoking the transfer of land was passed by a minority government.
8220;Courts have suffered enough. We are not going to be trapped,8221; the Bench said when Singh contended people of Jammu region were peace-loving and had never stood against the integrity of the country.
The PIL had sought quashing of the state Government8217;s order revoking the transfer of 39.88 hectares of forest land to the Board, contending that the decision was taken by the minority government which had been directed by the Governor to prove its majority on the floor of the House on July 7.
It was alleged in the petition that the state Government had imposed curfew in Jammu without any logic and the move had resulted in anarchy.