SC refers New Recruitment policy case to High Court SC adjourns Yousuf’s custodial death case to May, whereas petition against half salary is referred to J&K HC A Division Bench of the Supreme Court of India comprising JJ Mr. B.S. Chauhan and Mr. J. Chelameswar adjourned the custodial death case of NC activist Yousuf Haji to the first week of May, 2014 after hearing Prof.Bhim Singh, Sr. Advocate and Mr. M.I. Qadri, Advocate-General of J&K Govt. 1. The court observed that the hearing cannot be concluded for want of time today as the matter is very important which deserves proper hearing. At this stage Prof.Bhim Singh appearing for Mr. Balwant Singh Mankotia, MLA and Mr. Talib Hussain, son of the deceased urged the court that the matter is very important from point of law and urgency. He urged the court to refer this custodial death case to the CBI for fair and free investigation into the circumstances, under which Yousuf Haji died in custody on the night of 29th/30th of September, 2011. Yousuf Haji, a National Conference activist and close friend of Farooq Abdullah and dispatched to police lock-up under the orders of the Chief Minister, Mr. Omar Abdullah on 29th September. He assured the court that he shall not take more than 10 minutes as the prayer is obvious. FIR has to be registered and the custodial death/murder be properly investigated. Prof.Bhim Singh expressed his inability to attend the case till 17th of April, 2014 because he is locked up in an electoral battle in Udhampur Parliamentary Constituency where he is contesting as Panthers Party candidate. 2. In another writ petition filed by the Panthers Party challenging the half salary SRO and the Cabinet Order No.193/2312011 dated 19.10.2011. Govt. Order No. 4—F of 2011 dated 27.10.2011 read with SRO-332 issued u/s. 124 of Civil Service Rules by describing it as anti-youth, anti-people and against the fundamental rights and duties of the fresh recruits. The Division Bench comprising of JJ Mr. Sudhansu Jyoti Mukhopadhaya and Mr. N.V.Ramana after hearing full throated arguments of Prof.Bhim Singh, Sr. Advocate appearing for the petitioner. He argued that “SRO-332 infringes the fundamental rights and duties of a generation, it is heinous crime and grave violation of Article 14 of the Constitution of India. Article 14, 19 and 21 of the Constitution of India are applicable in the State of J&K in spite of the discriminatory nature of Article 370. The fresh recruits, for five years which amounts to bondage labour which was practiced during the times of kings and queens. The matter needs a thorough judicial review as the Constitution of India is not applicable to the people of J&K under Article 370.” He also argued vehemently for favour of an appropriate writ or direction to the Govt. of J&K to withdraw such an authoritarian and discriminatory order. After hearing Prof.Bhim Singh the court observed that the matter may be taken up with the High Court of J&K as High Court has constitutional authority in J&K to hear a PIL. Prof.Bhim Singh said that a PIL shall be moved before the High Court of J&K at the earliest. Prof.Bhim Singh was assisted by Mr. Satish Vig, Mr. B.S. Billowria and Mr. S.K. Bandopadhyay, Advocates.
Posted on: Mon, 31 Mar 2014 15:13:26 +0000
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