SC seeks report on J&K HC functioning
The Supreme Court on Friday directed its registry to find out if the continuous curfew in the Kashmir valley has affected the functioning of the state high court and dispensation of justice to the people and submit a report on the issue.
The direction was issued by a bench, headed by Chief Justice of India S.H. Kapadia after Panthers Party president Bhim Singh, also a practising advocate, moved a petition raising the issue of ambulance service becoming inoperational and patients not even getting the basic medicines due to the closure of the markets.
As the CJI told Mr Singh that the remedy sought by him was essentially within the purview of the high court, he submitted that he could not move there because of the continuous curfew. The CJI further said that his petition would only be entertained by the apex court, if the functioning of the high court in the state was affected.
In view of this, the bench, also comprising Justices K.S. Radhakrishnan and Swatanter Kumar, in a brief order directed the top court registry to find out and submit a report whether the functioning of the high court has actually been affected due to the ongoing situation in the Valley. “We are of the view that the subject matter of the writ petition should be dealt with only by the HC,” the CJI said.
“We want a report form the (SC) registry if the high court is functioning,” the CJI said.
But the apex court refused to take note of the newspaper reports on the issue, saying “we don’t go by media reports.”
While highlighting the ambulance issue and non-availability of basic medicines, Mr Singh insisted that the apex court should hear his petition, but the CJI said “we can’t direct the shops to be opened from here.
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