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SC junks PIL to curb funding of separatist organisations in Kashmir
A plea seeking directions to the Centre and the Election Commission to debar convicts from contesting polls for life like they are prevented from entering the judiciary and the executive, today led the Supreme Court to seek their responses.
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Holding that this PIL does not deserve to be entertained, the bench of Justice Dipak Misra and Justice Uday Umesh Lalit said: “We are of the considered opinion that the grant of funds to State of Jammu and Kashmir for the purposes of security or otherwise is within the exclusive domain of the Central Government”.
Mr Sharma had questioned the state and Central governments spending huge amounts on separatists by meeting their travel and medical expenses and providing security to them.
The bench expressed further displeasure when Sharma said that “politicians are promoting terrorism”.
He sought a directive for the funding to stop immediately.The Bench observed that this is a matter that pertains to security of the country and it is the union government which has the sole responsibility on this issue.
“You can not use such words in court”. You can’t just generalise everyone. “Everybody sitting here feels the same”, Justice Anil Dave had said. “This language can not be used in court”. It also said that the court can’t examine distribution of funds in a critical area like Jammu and Kashmir. Army and police are there to protect from any kind of threat. “Let it be noted that in issues like these, the courts have a minimum role”. Who shall be provided security and what security or not is the power of the executive. At least 25 per cent of them are involved in serious and heinous crimes such as rape, murder, attempt to murder, loot, dacoity and extortion, it said.
When Sharma argued that the PIL was in the national interest, Justice Misra told the petitioner that it was he who was calling the beneficiaries “separatists”, not the government.
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The PIL petition had sought the prosecution of concerned authorities under the Prevention of Corruption Act as funds sanctioned to the J&K on various heads was in breach of constitutional provisions.