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SC junks PIL to curb funding of separatist organisations in Kashmir

New Delhi, Sep 14 

The Supreme Court on Wednesday dismissed a PIL seeking direction to stop alleged funding of separatist organisations in Jammu and Kashmir by the central and the state governments, saying that the courts should refrain from entering the area.

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.

Pointing out that the issue raised in the PIL, moved by advocate M.L. Sharma by was not a "judicially manageable proceeding", Justice Misra said that "in issues like this the courts have minimum role".

"In a matter like this, we are of the considered opinion that a public interest litigation does not deserve to be entertained and, therefore, we are not inclined to interfere. That apart, needless to emphasise, it is not a judicially manageable proceeding and the Court should refrain from entering into the said area," the bench said in its order.

Justice Misra said: "These are nationally sensitive issues, for they belong to arena of national security. What is best for the national security is to be left to the government."

As PIL petitioner advocate Sharma named Hurriyat leader Syed Ali Geelani being one of the beneficiaries of state security and other facilities, Justice Lalit said: "If there is a threat perception to a citizen, it is for the government to decide, may be the conduct of that person may not be to the liking of other citizens." 

Justice Misra said that it was misconception that judiciary was the protector of the country, for judiciary only decides whether an act of the state or a law was legal or illegal, and it was for the central government and army to protect the country.

Sharma told the court that it was the J&K government which has said that it has spent more than Rs 300 crore on the separatist organisations and their leaders. He told the court that the bill for the stay of these leaders in luxury hotels alone was Rs 21 crore.

Referring to a statement by the Union Home Ministry saying that these facilities should be withdrawn, he said that hundreds of security personnel were guarding the separatist leaders while they were instigating the youth in Kashmir against India.

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.

He had also sought direction prohibiting the central government from giving any kind of funds to the State of Jammu and Kashmir.