SC refuses to interfere in Amarnath land transfer row

New Delhi, July 4 (PTI) The Supreme Court Friday refused
to interfere with the Jammu and Kashmir Government's decision
to revoke the transfer of land to Amarnath Shrine Board but
directed the authorities to provide security to pilgrims
stranded in the state due to the turmoil over the issue.

"We cannot revoke a cabinet decision," a Bench headed by
Justice Altamas Kabir said while declining to go into the
question of directing the administration to lift the curfew
from Jammu region, which witnessed violent protests against
the revocation of the land transfer order.

"We are not going to withdraw curfew. Lifting the curfew
is beyond our jurisdiction," the Bench, also comprising
Justice G.S. Singhvi said while hearing a P.I.L. filed Bhim
Singh, Chairman of the Jammu and Kashmir National Panthers
Party.

The Bench, however, allowed his prayer that adequate
security and medical facilities be provided to stranded
pilgrims to Amarnath and Vaishno Devi shrines.

"Pilgrims either to Vaishno Devi or Amarnath Shrine be
provided adequate security till they complete their pilgrimage
and leave Jammu and Kashmir," the Bench said.

It said various other issues and submissions including
compensation to families of victims killed and injured in
police firing during the protest could not be considered as
these issues were not for the courts to decide and fell in the
domain of the administration.

While directing the authorities to provide medical
facilities to residents in the curfew-hit areas, the Bench
cautioned Singh, who had filed the P.I.L. in his personal
capacity, not to extract political mileage out of it.

The Bench said it has come across petitions which under
the garb of P.I.L. are "publicity interest litigation and
paisa interest litigation" but this case was an attempt to use
it for political purpose.

"You are converting public interest litigation into
political interest litigation," the Bench observed when Bhim
Singh advanced the submission that the order revoking the
transfer of land was passed by a minority government.

"Courts have suffered enough. We are not going to be
trapped," the Bench said when Singh said people of Jammu
region are peace loving and never stood against the integrity
of the country.

The P.I.L. had sought quashing of state government's
order revoking the transfer of 39.88 hectare of forest land to
the Board contending that the decision was taken by the
minority government which has been directed by the Governor to
prove its majority on the floor of the House on July 7.

It was alleged in the petition that the state government
has imposed curfew in Jammu without any logic and the move has
resulted in creating anarchy and leaving the people helpless.

The imposition of curfew has taken away the fundamental
rights of school-going children, patients and working class,
the petition said.

The petition had sought a direction for the Jammu and
Kashmir Government to pay a compensation to the families of
those killed and injured in police firing in different parts
of the state during the recent protests. PTI