New Delhi, Nov 11: Controversial Jammu and Kashmir Migrants Resettlement Act allowing people who had gone to Pakistan after partition to come back to the state and reclaim their property was today virtually rendered inoperative with the Supreme Court admitting a petition challenging it and ordering stay on the operation of the law enacted in 1982.
A bench comprising Chief Justice G B Pattanaik, Justice K G Balakrishnan and Justice S B Sinha admitted a petition filed by Panthers Party chief Bhim Singh challenging the law and order continuance of the interim order of February this year by which operation of the Act was stayed.
Referring to the ongoing cross-border terrorism, the petitioner had contended that the act would become a "tool" for the entry of terrorists into the state where over 50,000
people have become victims of militant activities.
The Act was challenged on the ground that its implementation threatened the unity and integrity of the country as under this law any person, who had migrated to Pakistan, could claim legal right to settle in the state.
The Act, which was passed by the state assembly in 1982, was returned by the then Governor B K Nehru citing inconsistencies. On September 30, 1982, the President through a reference sought opinion of the Supreme Court on the legality of the Act.
After nearly 20 years, the apex court returned the presidential reference unanswered prompting the state government to take a decision in November last year to implement the Act.
Bureau Report
