KARAN SINGH Vs. STATE OF JAMMU AND KASHMIR

JUDGEMENT

(1.) The main issue to be determined in these appeals is whether 563 articles lying in 'Toshakhana' (Treasury of the State of Jammu and Kashmir) can be declared as the private property of the appellant or this issue deserves fresh determination by Government of India or it be referred to arbitration for adjudication. The background under which the issue has come up for consideration may first be noticed.

(2.) The appellant is son of Maharaja Hari Singh, ex-Ruler of Jammu and Kashmir. An instrument of accession of Jammu and Kashmir was executed by Maharaja Hari Singh on 26th October, 1947. The articles in question comprising of jewellery and gold articles etc. were transferred from Toshakhana at Jammu to Toshakhana at Srinagar on 17th September, 1951. Maharaja Hari Singh died on 26th April, 1961. During his lifetime, Maharaja Hari Singh did not claim the articles in question as private property. The Government of India, in pursuance of clause (22) of Article 366 of the Constitution of India, recognized appellant as a successor to late Maharaja Sir Hari Singh w.e.f. 26th April, 1961. By Constitution (Twenty-Sixty Amendment) Act, 1971, rulership was abolished w.e.f. 28th December, 1971. The abolition, however, did not affect the ownership of the Rulers of their private property as distinct from State property.

(3.) The appellant made a representation dated 2nd December, 1983 to the Ministry of Home Affairs claiming that the articles lying in the Toshakhana, Srinagar, i.e., the heirlooms, wearing apparel, gold and silver utensils and cutlery, furniture, fixtures and carpets etc. are the property of the Ruler family of Jammu and Kashmir coming from generation to generation since the inception of the rulership and are his personal property. The Ministry was requested to issue immediate instructions to the State Government for handing over all the articles to the appellant.