AI Structured Summary
Not yet generated for this judgment
Judgment
Ali Mohammad Magrey, J
This petition, professed to be in public interest, is filed by the 'Centre for Peace and Protection of Human Rights', claiming to be a registered trust by virtue of trust deed executed on 2nd of November, 2016 and registered on the same date, through its Chairman, namely, Mr M. M. Shuja S/o Mir Abdul Rahman R/o Hyderpora, Srinagar.
In the petition, the petitioner has proceeded to claim that due to the prevailing situation in the erstwhile State of Jammu and Kashmir, now declared as the Union Territory of Jammu and Kashmir, particularly in the Kashmir Division, has given rise to a number of social issues which require immediate intervention of this Court. It is stated that these issues, besides being totally non-political, involve humanitarian aspect as well and include (i) treatment of cancer patients; (ii) supply of essential commodities; (iii) illegal constructions and encroachments, earth filling of wetlands, land conversion and pollution in water bodies; and (iv) mobile and internet connectivity. Accordingly, throwing light on the aforesaid issues, the petitioner has prayed for the issuance of following relief(s):
"a The authorities of State of J&K and Union of India may kindly be directed to restore mobile phone and internet services in Kashmir division with immediate effect.
b. This Hon'ble Court may be pleased to direct all mobile phone companies operating in the state of J&K to wave off mobile phone and broadband rent for the month of Aug and Sep during the said period."
Today, when this petition came up for consideration before us, Mr Tahir Majid Shamsi, the learned Assistant Solicitor General of India (ASGI) as well as Mr B. A. Dar, the learned Senior Additional Advocate General, available in the Court, while entering appearance in the matter on behalf of the respondents, in unison, submitted that a Constitution Bench of Hon'ble the Supreme Court is already seized of the matter in numerous petitions on the same subject(s), raising similar, identical or akin grievances and involving more or less same prayers and, therefore, this petition before this Court need not be entertained.
Given the fact that the Hon'ble Apex Court is seized of the issues raised before this Court in this petition in the various petitions pending before it, as enumerated above, we are of the view that this Court cannot entertain this petition and proceed to hear it which may result in parallel proceedings. Therefore, we dispose of this petition giving liberty to the petitioner to approach Hon'ble the Supreme Court for the relief claimed here in this petition. However, as regards the issue of illegal constructions and encroachments, earth filling of wetlands, illegal land conversion and pollution in water bodies, as raised by the petitioner in this petition, the said issue is already sub-judice before this Court in various related litigations, including Public Interest Litigation bearing PIL No.159/2002 titled 'Syed Tahir Iqbal Geelani v. State of JK & Ors.', as such, the petitioner is left free to agitate his grievance therein, if he so chooses.
Disposed of on the above terms.