YASEEN LONE Vs. UNION OF INDIA

JUDGEMENT

(1.) The Public Interest Litigation on hand has its roots in unauthorized shifting of Swadhar Shelter Home from Kralpora, Kupwara to Chadoora Budgam and mis-appropriation of the funds allotted by respondents 1-3 to run the Home. The petitioners have no personal interest in the matter, but are interested in the welfare of inmates of the Home, who were thrown out after it was shifted to Chadoora, Budgam. Before proceeding further, it would be appropriate to take an overview of the background facts. The State Social Welfare Board - respondent No. 5 in the petition, sometime in 2005 mooted a proposal for setting up a Shelter Home for widows, children, earthquake victims at Kralpora, Kupwara. It is pertinent to point out that Karnah Kupwara were amongst worst hit areas of massive earthquake that hit Jammu & Kashmir in 2005. The proposal met approval of the Ministry of Human Resources Development, Department of Women and Child Development, Government of India.

(2.) Ms. Surinder Kaur, Under-Secretary to Government of India, vide communication dated 10-1-2006 conveyed approval for setting up of Swadhar Shelter Home at Kupwara as also an advance payment of Rs. 3,58,000 for a period of four months from December 2005 to March 2006. The Shelter Home was to house 50 women inmates.

(3.) The communication set out the conditions subject to which the grant was made. The Home was accordingly set up and 44 women and children admitted in the Home. The Home was housed in a building owned by one Abdul Ahad Malik, resident of Kralpora, Kupwara.