NEW DELHI: Exonerating the Government of Jammu and Kashmir for communal clashes in Chenab Valley, the Supreme Court Tuesday said it cannot control the administration as they are the right persons to deal with the situation and it would pass any order only after going through the affidavit.
The court directed the Chief Secretary of Jammu and Kashmir Mohammad Iqbal Khandey to file a detailed affidavit about the eruption and subsequent steps taken by the government to curb the communal clashes in Kishtwar by August 21.
According to reports, a division bench headed by Chief Justice P Sathasivam, Justice Ranjana Desai and Mr. Justice Ranjan Gogoi directed the Chief Secretary to file the affidavit by August 21. The PIL was filed by Supreme Court lawyer Prof Bhim Singh seeking urgent intervention of the Supreme Court of India for the safe and secured passage of the stranded Machel Mata pilgrims between Kishtwar and Gulabgarh (Padar) since 9th August, 2013.
Singh also sought judicial inquiry into communal clashes in which three people have been killed sofar.
The Supreme Court rejected the prayer of Jammu and Kashmir government that affidavit may be filed by the Home Secretary while accepting the plea of Prof Bhim Singh. The Court made clear directions to the Chief Secretary rejecting the J&K governments prayer.
Prof. Bhim Singh argued that the people of Kishtwar have been fountain of secularism and what happened on August 9 was due to the criminal negligence of the state government. He emphasized that a sitting judge of the High Court should hold judicial inquiry into the entire circumstances that led to riots, killing, and imposition of curfew in Kishtwar.
The petitioner also informed the Supreme Court that the government has blocked all local video channels, electronic communication, which has given the rumour mongers freedom to spread false news and propaganda to incite conflict and communal passion. He prayed for the intervention of the Supreme Court in this regard also.
The Division Bench said that it cannot control the administration. They are the right and the best persons to control the situation. They are in the field. They must act with free hand to control the situation. How can we restrain the state government from imposing conditions,” it said.
The bench, also comprising justices Ranjana Desai and Ranjan Gogoi, added that “at this stage, we cannot say that the state government is sitting mum. They are acting.” The bench said that it is not underestimating the seriousness of the situation but it had to go through the ground situation prevailing in Kishtwar before passing any order.
Meanwhile Chief Secretary Khandey said that he has not received any kind of directions yet and the government would file a detailed affidavit only after receiving a communiqué from the Apex Court.
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