SUDESH DOGRA Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner in Writ Petition (Criminal) No. 125 of 2013 is the Political Secretary of J & K National Panthers Party (JKNPP) which is a political party recognised by the Election Commission of India. Setting out figures and statistics of innocent people who have lost their lives in incidents of crime and terrorists acts committed from time to time in the State of Jammu & Kashmir, the persistent failure of the State Government to prevent such untoward incidents have been alleged alongwith the perceived inefficiency of the State Government in providing adequate relief and rehabilitation measures including compensation following such incidents. Specifically, the writ petition centres around an incident that had occurred on 17/18 of July, 2013 at a place called Gool in District Ramban, in the course of which a large body of civilian population had attacked a BSF camp and in the exchange of fire that ensued, 4 civilians had died and 44 others received serious injuries. Accordingly, the writ petition was filed seeking the following reliefs:

(2.) It may be specifically noticed, at this stage, that Section 53 of the J&K Constitution empowers the Governor of the State to, inter alia, dissolve the legislative assembly. Section 92 contemplates the manner of running the administration of the State once a proclamation of failure of constitutional machinery in the State is issued by the Governor.

(3.) Notwithstanding the above and the tenor of a substantial part of the pleadings which would seem to indicate a somewhat overenthusiastic attempt on the part of the petitioner to discredit the functioning of the State Government, we have not allowed the aforesaid negative features of the case to detract us from the otherwise beneficial effect of the public interest litigation brought before this Court. Notice, therefore, was issued on 8.8.2013.