State of J & K
& Ors. Vs. Kamal Goria & ANR [2008] INSC 1048 (7 July 2008)
Judgment
IN THE SUPREME COURT
OF INDIA CIVIL APPELLATE JURISDICTION CONTEMPT PETITION (C)NO.155 OF 2007 IN
CIVIL APPEAL NO.2948 OF 2006 STATE OF J & K & ORS. Petitioner(s) VERSUS
KAMAL GORIA & ANR. Respondent(s) ORDER The subject matter of the Civil
Appeal No.2948/2006 relates to the relief measures to be given to the migrants
from Kashmir valley and other parts of Jammu & Kashmir State. This Court
passed an order on 12th July, 2006 directing that these migrants be identified
and relief measures be given to them in accordance with the rules. Now the
petitioners/respondents herein allege that there are large number of migrants
from Jammu and they are not given any relief measures by the authorities.
According to the petitioners/respondents there are about 2201 families
comprising of 11904 souls who have not been given proper relief measures.
The Relief
Commissioner has filed an affidavit wherein he has disputed these facts.
According to him, though several applications were filed, on inquiry, it was
found that many of those persons who have filed the applications, are not
genuine migrants. It is alleged that some inquiry by the C.I.D. also was
conducted and on inquiry it was found that these applicants were not real
migrants and out of 247 applicants only three applicants were found to be
genuine in one region. It is also stated in the affidavit that the Deputy
Commissioners of the various districts have received several applications and
after verification the migrants have been authenticated in respect of 1529
cases and those applications were processed by the Deputy Commissioners.
It appears that many
of the facts stated by the Deputy Commissioners are stoutly denied by the
applicants. According to them, so many real migrants are not being given the
relief. As these factual matters are under dispute, we feel it just and proper
that these real migrants are not denied their legitimate relief measures. For
that purpose we direct that this contempt petition be sent to the High Court of
Jammu & Kashmir which will dispose of the matter accordingly. The Chief
Justice of Jammu & Kashmir will take up the matter and consider it on the
judicial side and appropriate orders be passed at the earliest.
With the above
direction, the contempt petition is disposed of accordingly. No costs.
...............CJI.
(K.G. BALAKRISHNAN)
.................J.
(P. SATHASIVAM)
.................J.
(J.M. PANCHAL)
NEW
DELHI;
7TH
JULY, 2008.
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