The subject matter of the Civil Appeal No.2948/2006 relates to the
relief measures to be given to the migrants from Kashmir valley and other
parts of Jammu & Kashmir State. This Court passed an order on 12th July,
2006 directing that these migrants be identified and relief measures be
given to them in accordance with the rules. Now the
petitioners/respondents herein allege that there are large number of
migrants from Jammu and they are not given any relief measures by the
authorities. According to the petitioners/respondents there are about 2201
families comprising of 11904 souls who have not been given proper relief
measures. The Relief Commissioner has filed an affidavit wherein he has
disputed these facts. According to him, though several applications were
filed, on inquiry, it was found that many of those persons who have filed the
applications, are not genuine migrants. It is alleged that some inquiry by the
C.I.D. also was conducted and on inquiry it was found that these applicants
were not real migrants and out of 247 applicants only three applicants were
found to be genuine in one region. It is also stated in the affidavit that the
Deputy Commissioners of the various districts have received several
applications and after verification the migrants have been authenticated in
respect of 1529 cases and those applications were processed by the Deputy
Commissioners.
It appears that many of the facts stated by the Deputy Commissioners
are stoutly denied by the applicants. According to them, so many real
migrants are not being given the relief. As these factual matters are under
dispute, we feel it just and proper that these real migrants are not denied
their legitimate relief measures. For that purpose we direct that this
contempt petition be sent to the High Court of Jammu & Kashmir which will
dispose of the matter accordingly. The Chief Justice of Jammu & Kashmir
will take up the matter and consider it on the judicial side and appropriate
orders be passed at the earliest.
With the above direction, the contempt petition is disposed of
accordingly. No costs.