MEHBOOB BEG Vs. MUMTAZ AFZAL BEG

JUDGEMENT

(1.) THE petitioner wants the proceedings to be stayed in terms of Jammu and Kashmir migrants (stay of Proceedings) Act of 1997. The trial court has come to the conclusion that the petitioner is not a migrant. For this, reliance was placed on the definition of "migrant" occurring in Section 2(c) of the Act of 1997. For facility of reference, this Section is being reproduced below:

(2.) THE analysis of the aforementioned Sec ­tion would indicate that a migrant would mean;

(3.) THE trial court has come the conclusion that the petitioner does not fall in any of the categories referred to above. It is this order which is subject matter of challenge in this pe ­tition. It is submitted that the petitioner at least does fall within the last category which deals with a person who is possessed of immovable property in the valley but is unable to ordinar ­ily reside there due to the disturbed conditions. The trial court took note of this last condition also and came to the conclusion that the peti ­tioner is an active political worker and has been visiting the valley off and on. It was this aspect of the matter which was taken note of and it was concluded that the petitioner would not fall within the parameters i.e. that he is unable to ordinarily reside in the valley due to disturbed conditions. As the petitioner was found to be visiting the valley off and on, it has been con ­cluded that he would not fall within the defini ­tion of a Migrant".