[Reader-list] HC prevents eviction of Kashmiri Pandits from govt quarters

[Aalok Aima]

Kudos to B L Wali who argued this case on behalf of the petitioners.
 
An extremely important judgment from Delhi High Court that carries significant observations on the Internal Displacement of Kashmiri Pandits out of Kashmir. In my opinion it will be a landmark judgment unless the remarks of the Judge are completely negated and rubbished by the Supreme Court. 
 
"   It (the Court) further observed that the case is “testimony to events that lead to unprecedented ethnic cleansing of a minority community from the Kashmir Valley on account of the state’s inability to protect them and their property from violence, who as a result, were rendered homeless.”   "
 
"   “Such turmoil was faced by the minority community in the state of Jammu and Kashmir after December 1989,” the court added.   "
 
"  “The petitioners may be compelled to return to the violent situation, from which they were forced to flee. Forcing the petitioners to return to the area where they were persecuted violates the principles of International Law...,” the court said.   "
 
"  “Instead of facilitating the resettlement and rehabilitation of the petitioners, who are internally displaced persons as per the declared policy, they have been arbitrarily exposed to the additional trauma of the threat of forcible evictions and the uncertainty of seeking the adjudication by pursuing the litigation.  "
 
 
........ aalok aima
 
http://www.indianexpress.com/news/hc-prevents-eviction-of-kashmiri-pandits-from-govt-quarters/718460/0
 
HC prevents eviction of Kashmiri Pandits from govt quarters
 
Wed Dec 01 2010
New Delhi: 
 
The High Court, on Tuesday, restrained the Central Government from evicting Kashmiri Pandits, who had fled the Valley following the outbreak of militancy, from their government quarters after their retirement and directed it to provide them with alternative residences in the Capital. Stating that the right to shelter is a fundamental right, Justice Gita Mittal said that the displaced members of the community cannot be forced to leave as they would be unable to go back to the Valley in the present scenario, where the government is unable to ensure their safety. 
 
The High Court pulled up the government for threatening to forcibly evict the Kashmiri Pandits, and directed it to pay a cost of Rs 25,000 to each of the 24 petitioners. The order came on a bunch of petitions by 24 Central Government employees, all Kashmiri Pandits, who were working in the Valley but had to be transferred to the Capital as they were being targeted by militants. 
 
“The petitioners may be compelled to return to the violent situation, from which they were forced to flee. Forcing the petitioners to return to the area where they were persecuted violates the principles of International Law...,” the court said. 
 
Setting aside the order cancelling the allotment to the petitioners, the court said that the judgement would be applicable in all such cases where the state has been unable to ensure safety of its people. 
 
“Instead of facilitating the resettlement and rehabilitation of the petitioners, who are internally displaced persons as per the declared policy, they have been arbitrarily exposed to the additional trauma of the threat of forcible evictions and the uncertainty of seeking the adjudication by pursuing the litigation. In these circumstances, the petitioners are entitled to exemplary costs from the respondents...,” the court said.
 
It further observed that the case is “testimony to events that lead to unprecedented ethnic cleansing of a minority community from the Kashmir Valley on account of the state’s inability to protect them and their property from violence, who as a result, were rendered homeless.” 
 
“Such turmoil was faced by the minority community in the state of Jammu and Kashmir after December 1989,” the court added.