New Delhi: Supreme Court on Friday refused to entertain a petition challenging the recent rehabilitation policy of Jammu and Kashmir government for paving way for the return of youth who had crossed over to Pakistan occupied Kashmir (PoK) after eruption of militancy in the state.
"How can we quash the government's policy decision? You tell me what is our role in interfering with the policy," a bench of justices KS Radhakrishnan and AK Sikri said.
"We have no role. The Centre and the state government have to perform their roles as per the policy. Sorry," it said, rejecting the PIL filed by Jammu and Kashmir National Panthers Party on the issue.
Senior advocate Bhim Singh said judicial intervention was needed as the policy was implemented in a wrong manner which was not in consonance with the law of the land.
"Where do we go then ?," he said. "We don't know, but this is not the right forum," the bench said.
Recently, the state government gave its nod to the rehabilitation policy, approved by the Union Home Ministry.
As per the policy, a high-level committee, headed by Commissioner/Secretary Home, would be formed which will have the final authority to clear the cases of youths who want to return from Pakistan and PoK.
Youths will be allowed to return if they want to shun the path of violence.
The parents of the youth can approach the Superintendent of Police of their district with the plea that their ward wanted to return. Then the issue would be decided by the high-level committee.
Earlier, another bench of the apex court had issued notice to the Centre and the state government on a separate plea of J&K Panthers Party that persons with Pakistani passports were being illegally allowed to enter Indian territory from Nepal by using fake I-card issued by J&K government.
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