Landmark Decision: J&K High Court’s Directive on Displaced Persons of 1947 Mirrors Treatment Accorded to Chhamb DPs in Central Assistance Scheme

Jammu, 29-12-2023: In a noteworthy development, a Division Bench of the Jammu & Kashmir and Ladakh High Court, presided over by Chief Justice N Kotiswar Singh and Justice Moksha Khajuria Kazmi, has issued a directive instructing the concerned authorities to evaluate the claims of Displaced Persons (DPs) from 1947 using the same analogy as applied to Chhamb DPs of 1965 and 1971. This significant order stems from a Public Interest Litigation (PIL) initiated by the Jammu and Kashmir Sharnarthi Action Committee. The PIL sought directions for authorities to permit DPs of 1947 to submit essential documents, akin to those submitted by DPs of 1965 and 1971, for availing benefits under the Central assistance scheme designed for the one-time settlement of displaced families from both Pakistan-occupied Kashmir (PoK) and Chhamb under the Prime Minister’s Development Package-2015.

During the proceedings, Advocate Siddanth Gupta represented the PIL, while Senior Additional Advocate General (AAG) SS Nanda appeared on behalf of the Union Territory. The Division Bench (DB) took cognizance of the fact that, during a previous hearing, it was highlighted that authorities were not promptly issuing the necessary certificates to the petitioners, causing a delay in the submission of crucial documents. The court observed that if the required certificates were expeditiously issued, beneficiaries would face no impediment in seeking benefits under the scheme. Additionally, the court noted the apparent differential treatment being accorded to the Displaced Persons from Pakistan-occupied Jammu and Kashmir (PoJK) of 1947.

Consequently, the DB directed Senior AAG SS Nanda to provide information on the issuance of certificates by the competent authority concerning DPs of 1947. The court also tentatively formed a view regarding the potential violation of Article 14 of the Constitution of India due to differential treatment between DPs of 1947 and Chhamb DPs of 1965 and 1971, who were receiving similar benefits.

During the hearing, Advocate Siddanth Gupta argued that they faced challenges in obtaining the prescribed documents for PoJK DPs of 1947, given the compelling circumstances of their displacement in 1947. A compliance report was subsequently filed by Senior AAG SS Nanda, revealing that the scheme’s deadline had been extended from 31.03.2022 to 31.03.2024. However, a discrepancy was noted in the resolution, indicating a closure date of 31.12.2023.

Following deliberations, the DB concluded that, despite the specific hurdle of certain documents, the PIL could be resolved by directing the authorities to consider the claims of DPs from 1947 for scheme benefits using the same analogy applied to Chhamb DPs of 1965 and 1971. Recognizing the urgency due to the scheme’s impending expiration on 31.12.2023, the court stipulated a two-week period for the authorities to pass a comprehensive and reasoned order on the matter. This directive seeks to ensure equitable treatment for DPs of 1947, aligned with the principles applied to Chhamb DPs in similar circumstances.

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