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SC junks (another) ML Sharma’s PIL to stop govt funding to Kashmiri separatists [Read Order]

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Supreme Court of India has dismissed a public interest litigation (PIL) petition seeking a declaration that the release of government funds to Jammu and Kashmir-based separatists was “unconstitutional and illegal”.

Not impressed by the arguments of the petitioner-in-person, advocate ML Sharma, bench comprising of Justices Dipak Misra and UU Lalit held:

“…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. 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 petition was filed inter alia seeking:

To declare impugned release of fund from consolidated fund of India, without authority and valid permission for supporting separatist group for working against the country, is unconstitutional, illegal and amount of criminal breach of trust attracting s.409 of I.P.C. Couple with an offence of corruption for misusing of public office & fund for favoring others which attracts [under section] 13(1)(d)(ii) of the [Prevention of Corruption] Act 1988.”

During the arguments, Bench expressed displeasure when Sharma said “politicians are promoting terrorism”, reports PTI. Warning Sharma, Bench said:

“You cannot use such words in court. You cannot brand everyone like this unless someone is convicted. You can’t just generalize everyone. This language cannot be used in court.”

MLSharmaAs we had reported earlier, during the NJAC challenge proceedings, constitution bench of the Court had issued notice to Sharma for using derogatory terms like “corrupt politicians and in-house criminals” for the parliamentarians. Sharma had later tendered an unconditional apology and had given an undertaking to the Court not to make any such or similar derogatory remarks in any public interest litigation, that he would file in future, without supporting material, and without impleading the concerned persons as party respondents.

Sharma had earlier on September 8 sought an early hearing of the PIL by mentioning it matter before the bench comprising of Justices Anil R Dave and L Nageswara Rao. Bench had then ordered to list the matter on September 14 before an appropriate bench.

Read the Order here.

Original author: Mohit Singh & Garima Jain


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