KASHMIR PALAYNKARTA SAMITI REGD Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner has filed this petition under Article 226 of the Constitution for issuance of a writ in the nature of mandamus directing the respondents to release the enhanced cash relief equal to that given in other States to Kashmiri migrants.

(2.) The facts necessary for deciding this petition are that the petitioner is a samiti registered under the Societies Registration Act, 1860 and is having its office situated at Shri Durgiana Mandir Tirath, Amritsar. According to the petitioner-Samiti due to extreme terrorism in the State of Jammu and Kashmir, a large number of families migrated to Punjab in order to get security. The Government of India, after taking into consideration the matter carefully, decided to make available relief measures to the migrant families from Jammu and Kashmir. The Government of Punjab also circulated a letter No. 1(5)DC-RR-Tech/8215 dated 8.5.1999, Annexure P-1, vide which certain measures have been outlined for giving relief to the migrants from Kashmir. The petitioner has averred that a large number of migrants, who are staying in a tented temporary accommodation in various towns of Punjab, are getting disbursement of cash relief of Rs. 450/- per month, per family, consisting of four members. It has been further averred that vide order dated 28.6.1996 the Government of India, Department of Jammu and Kashmir Affairs, enhanced the cash relief by 20 per cent, i.e., from Rs. 450/- per month per head to Rs. 1,800/- per month per family consisting of four members or above. The petitioner has pleaded that the failure of the State Government to provide financial relief to the migrant families at par with the relief given by the Government of India is discriminatory and violative of the fundamental right to equality guaranteed to its members under Article 14 of the Constitution of India.

(3.) Respondents 1 to 3 have filed reply asserting therein that the relief measures given to the migrants is a State subject and it is for the State Government to decide the quantum of relief to be given to them. It has been further averred that the Government of Punjab had written a letter to the Government of India for providing necessary extra funds for giving relief to the Jammu and Kashmir migrants, but the Central Government refused to reimburse the expenditure on increased cash relief, as it was not in a position to meet the demands of Punjab or the other States, where the demands for increase of the disbursement were being raised. It has been further averred that this matter is pending before the Punjab State Human Rights Commission which has got to take a final decision as yet. While admitting that a large number of migrants from Jammu and Kashmir are staying in different Districts of Punjab, respondents have asserted that the relief is being given to them in accordance with the instructions contained in the circular, Annexure R-1 dated 8.5.1990 and bank loans under priority sector scheme are being given to the migrants on terms and conditions approved by the Reserve Bank of India. Still further, the respondents have averred that the migrants have been provided with ration cards so as to enable them to purchase essential commodities from Government fair price shops.