The Bill had been introduced on March 8, 1980, and became law on October 6, 1982. Initially, Governor B K Nehru had refused to sign and returned it for reconsideration, but the Bill was again passed by both Houses following which the Governor gave assent. (File photo)The Supreme Court on Thursday wondered how “descendants” of those who had moved to Pakistan between 1947 and 1954 could be allowed resettlement in Jammu and Kashmri under The Jammu & Kashmir Grant of Permit for Resettlement in (or Permanent Return to) the State Act, 1982.
“How can it be extended to wives and other persons?… It can only be such persons who had migrated. The Constitution does not contemplate return of those descendants,” Justice K M Joseph, sitting on a bench with Chief Justice of India Ranjan Gogoi and Justice S K Kaul, asked senior advocate Rakesh Dwivedi, appearing for the state when a petition challenging the Act came up before it.
The court was referring to the expression “descendants” in the Act, which has been challenged by the Jammu and Kashmir National Panthers Party (JKNPP).
Appearing for the JKNPP, party president and advocate Bhim Singh said that if “descendants” of those who had migrated are allowed to return, “several lakhs of those born in Pakistan will be able to come to India and this will affect the security of the country”. He also contended that citizenship was a subject in the Union list and hence outside the legislative competence of the state legislature. The petitioners contended that the matter has been pending for long and needs to be decided.
The apex court had stayed the Act in 2001.
Initially, Justice Kaul wanted to know how many had returned under the Act. “These provisions operate within a time frame. How many certificates have been issued?” he asked.
The CJI also asked, “What is that number? Is that alarming or is it too less that it can be ignored?”
Singh replied that he had heard about some 700 people returning via Nepal, and that only the state would be able to say how many had applied for permit etc.
Dwivedi said he would take instructions on the issue and get back to the court.
Solicitor General Tushar Mehta, meanwhile, told the court that the Centre had in the past filed an affidavit supporting the petitioner as the Act was violative of the Citizenship Act and as it fell outside the legislative competence of the state legislature.
The court will hear the matter next in the second week of January 2019.
The Act had been passed by the J&K Assembly to “provide for regulation of procedure for grant of permit for resettlement in or permanent return to the State of the permanent residents” and their descendants who had migrated to Pakistan between March 1, 1947 and May 14, 1954. The Bill had been introduced on March 8, 1980, and became law on October 6, 1982. Initially, Governor B K Nehru had refused to sign and returned it for reconsideration, but the Bill was again passed by both Houses following which the Governor gave assent.
President Giani Zail Singh referred the matter to the Supreme Court, seeking its opinion on the constitutional validity of the law. But the apex court returned it unanswered, following which the Panthers Party moved the court.
