KASHMIRI SIKH COMMUNITY Vs. STATE OF J&K

JUDGEMENT

(1.) The petitioner no.1 claims to be a body of Kashmiri Sikhs, represented by one Shri Santpal Singh resident of Aloochi Bagh, Srinagar. The petitioners 2&3 claim to be the unemployed Kashmiri Sikh youth. The petitioners are aggrieved of special dispensation in the matter of employment given in favour of Kashmiri Pandits, living in Kashmir Valley, by amending J&K Migrants (Special Drive) Recruitment Rules 2009 (for short "Rules of 2009") in terms of SRO 425 dtd. 10/10/2017. They are also aggrieved by the subsequent Government Order, issued by respondent no.1, bearing no.96-DMRR&R of 2017 dtd. 13/11/2017. It is asserted that SRO 425 dtd. 10/10/2017, whereby the Rules of 2009 have been amended violates the equal ity clause, bedrock of Articles 14 and 16 of the Constitution, by treating the Sikh Community staying in Kashmir Valley differently than the similarly placed Kashmiri Pandits, for the purposes of extending the Prime Minister's Employment Package.

(2.) Before adverting to the grounds of challenge urged in support of the claim made in the writ petition, it would be pertinent to briefly narrate the factual background leading to issuance of the impugned SRO.

(3.) It is a historical known fact that during the year 1990, there was a sudden spurt of militancy and terrorism in Kashmir Valley. There were stray instances of target killings of minority community (Kashmiri Pandits) and political workers. This led to scare in the minds of such people who feared for their life and honour in the wake of happenings which were taking place at the relevant point of time. The happenings created a sort of fear psychosis and instilled strong sense of insecurity in the mind of aforesaid community. In the result, the Nation witnessed large scale exodus of Kashmiri Pandits along with the political workers from Kashmir Valley. This was unprecedented situation witnessed by the Nation. The condition in the Valley at the relevant point was such that no authority of the State could prevent such mass exodus. There are different versions on the reasons for such mass exodus of a particular community. Different political parties hold different views. The Court may not be concerned as to what were actual reasons of the mass exodus of Kashmiri Pandits from Kashmir Valley but at the same time is not oblivious to the plight and miseries that befell on these migrants. They had to leave their home and hearth and settle in camps in Jammu, New Delhi and various other places of the country, where they felt sense of security.