Delivering a landmark ruling, the High Court of Jammu & Kashmir and Ladakh has directed the Government of India to treat 5300 displaced families of Pakistan-occupied Jammu and Kashmir in 1947 through their successors/legal heirs settled out J&K alike and equally with 26,319 displaced families settled in erstwhile State and consequently work out one-time settlement rehabilitation package within six months.
The High Court also directed the government to accord the same status and entitlements in their respective favor as held and enjoyed by 26,319 displaced families of PoJK of 1947 settled in the erstwhile State of J&K. Justice Rahul Bharti passed the directions after hearing a set of writ petitions.
Justice Rahul Bharti observed, “Now, after the Jammu & Kashmir Reorganization Act, 2019, the Government of India, through its Ministry of Home Affairs, has come to revise its response in the case from being a passive voice to become an active voice by registering its willingness to do the course correction in all respects and aspects beginning within extending the one-time settlement benefit of equal extent and amount in favor of 5300 displaced families PoJK 1947 being represented by the petitioners as being successors-in-interest/legal heirs as otherwise made available to 26,319 displaced families PoJK, 1947 who had stayed and settled in the erstwhile State of Jammu & Kashmir”.
“The mindset to exclude the known 5300 displaced families of PoJK 1947 not settled in the State of Jammu & Kashmir from getting any legal status and recognition got exhibited with legislation Jammu & Kashmir Displaced Persons (Permanent Settlement) Act, 1971”, High Court said, adding “just by text orientation of one definition in the Act, 5300 displaced families came to be disqualified legally from having any say and status in the State of Jammu & Kashmir notwithstanding their displacement from the princely State”.
Referring to the decisions and orders of successive Governments of the State of J&K, Justice Rahul Bharti said, “This court has reasons and basis to make a safe inference that the then Governments in J&K intentionally kept the displaced persons of PoJK settled outside out of the purview of relief and rehabilitation package in the exploit of being its domain of decision making admitting of no dictation from Government of India because of constitutional relationship”, adding “there was no legal basis but a political motive in keeping the displaced families settled outside J&K to remain out of the purview of the benefits of relief and rehabilitation package”.