KAMAL GORIA Vs. UNION OF INDIA

JUDGEMENT

(1.) THE Union of India as also the State of Jammu and Kashmir has been reminded that the plight of those who are suffering at the hands of militants in the districts of Poonch, Rajouri, Doda, Udhampuror Jammu province requires to be dealt with by the same parameters as are being applied to other persons who have been described as migrants from Kashmir Valley. This is the sum and substance of the plea put across in this Public Interest Litigation. The difficulties, the hardship and the resultant consequences to which a person is exposed when he happens to fall prey to the inhuman activities of the mercenaries and terrorists are the same. Those who are left behind to fend for themselves, when properties are looted, men, women and children are molested, then the damage which is caused is the same irrespective of a region to which a particular person belongs.

(2.) IN para 3 of the petition, it is submitted that the persons living in the remote areas of Rajouri, Poonch and Doda District have been forced to leave their home and hearth from villages such as Tusi Bana, Prankote, Dhakikot, Chamma Kakeri, Niroler, Balmatkot, Marmat Kote, Gotta, Chassana, Sungri, Dharmartha, Dharmari, Pattian, Therakote, Matha, Budal, Mora, Dheraj, Ladhkoti, Kotranka, Khausa, Badia, Udhan, KhourBani, Kote Charwal, Mian Patti, Sakeri, Naria, Bambir, Multa, Sawari, Peeri Kha Jammolla, Tata Pani, Bro, Chowdhrinar, Kalakote, Patrade, Gammir and Peedi. It is submitted that about 100 families have migrated from Surankote and about 500 families have migrated from Doda District. It is submitted that these families were residing at places which were not easily accessible and they were falling prey to the acts of terrorism. According to them, they are required to be treated at par with the migrants of Kashmir Valley. Such is the plea urged in para 5 of the petition. It is submitted that they have been approaching the district administration but to no effect. It is submitted that some of these families are staying in school buildings. Para 8 of the petition makes mention of this fact.

(3.) ON 31st July 2000, the State as well as the Union of India was represented. A last opportunity was given to prefer objections. As a matter of fact, for almost three years, none of the respondents have taken any step with a view to file any counter affidavit.