Zila Doda Migrants Committee vs State and Others

These writ petitions by the residents of districts Doda and Poonch originate essentially from denial of benefit of the scheme/policy evolved by the

State for displaced persons of Kashmir valley. Questions of fact and law being similar in all the petitions, therefore, disposal by this common

judgment.

Admitted facts are that in the year 1990 and onwards largescale killings of civilians including the relatives of some of the petitioners, resulted in

mass migration from Kashmir Valley. No doubt the Government took steps to protect their lives and properties but barbaric incidents like

molestation, kidnapping, killings etc. could not be stopped. Being faced with threat to life the innocent and helpless citizens were left high and dry,

resultantly, abandonment of their hearths and homes in search of a peaceful shelter and livelihood. State having risen to the occasion formulated

scheme/policy of relief and rehabilitation for the displaced persons but to the exclusion of migrants of districts Doda and Poonch, the petitioners

belong to. Thus, these writ petitions seeking several reliefs. However, during the course of arguments appearing counsel for the petitioners chose to

restrict their claims to the reliefs summarized hereunder:

(a) Inadequacy of relief;

(b) Denial of equal protection.

Regarding challenge of inadequacy of relief suffice it to say that the parameters for entitlement of a particular relief quality, quantity and the

quantum is the area to be embarked upon by the State, obviously, claims have to be settled on the touchstone of the Scheme/policy framed with

such modification(s) from time to time, the State may deem proper. In the said backdrop, no direction is called for in respect of ground of

inadequacy of relief.

Adverting to the main controversy traceable to the denial of similar treatment, the least that is expected of the respondents is to indicate the

rationale principle upon which they have chosen to treat the petitioners differently visavis the migrants of Kashmir Valley but significantly even an

indepth examination of the counter does not indicate any cause much less tenable one. One fails to comprehend as to how in absence of

reasonable classification the petitioners and the migrants of Kashmir valley have been treated diversely when fact of the matter is that bullets fired

be it in valley or in Doda/Poonch, the effect is equally ruinous causing similar degree of harm, injury, miseries, mental suffering and distress. More

so, the terrorist activities can't be said to be disastrous in Kashmir valley and lifesaver in Doda/Poonch and there can't be two opinions that fall out

of cruel and barbaric acts is equally grave, therefore, it is absurd to deny the benefit of the policy/scheme to the petitioners. On top of all

discrimination on the basis of place of birth/residence violates the mandate of Articles 14 and 15 of the Constitution of India, which envisage equal

protection before law and prohibition against discrimination of the kind.

In the aforementioned backdrop, writ petitions succeed and are allowed with a direction to the RespondentState to treat the petitioners alike

migrants of Kashmir valley in respect of relief and rehabilitation. Nonetheless, it shall be obligatory upon the functionaries of the RespondentState

to examine each case on its own merits to find out entitlement of each individual lest undesirable persons succeed in availing of the benefit at the

cost of public exchequer. As a corollary, benefit of the policy/scheme in favour of the petitionersmigrants of Districts Doda and Poonch shall follow

forthwith unless scrutiny carried out as indicated above disentitles them.

Writ petitions are disposed of along with connected CMPs without any order as to costs, consequently, contempt petitions having become

infructuous, therefore, dismissed.