What Kind Of PIL Is This? How Can SC Ask Pak Not To Violate Ceasefire?”CJI Misra

What Kind Of PIL Is This? How Can SC Ask Pak Not To Violate Ceasefire?”CJI Misra

Supreme Court today refused to admit a PIL which sought a direction to the Centre  to take the matter of the violation of ceasefire agreement between India and Pakistan before the International Court of Justice for the “amicable resolution” of the disputes between the two nations with Chief Justice Dipak Misra asking “how can we get into all these? What kind of PIL is this?”

The petition was filed by one Nowhera Shaik, a Hyderabad-based social worker and businesswoman and was argued by advocate J P Dhanda.  It cited several recent ceasefire violation by Pakistan.

 “How can we do all this..try to understand ..should India go to International Court of Justice or not… how can we issue a mandamus on such a subject? CJI Misra asked.

Advocate Dhanda said “it will not be for the first time..We have gone in the case of Kulbhushan  jadhav..every third day there is a ceasefire violation ..this matter needs immediate attention”

 But Chief Justice Misra said “these problems, the Army will take care..we cannot do anything”.

 “Guns continue to roar along the borders from the side of Pakistan in Jammu and Kashmir, people who dwell in areas which fall in the firing range live in constant fear. In fact, many have already paid with their lives for no fault of their as mortars rain on villages falling close proximity to both Line of Control and International Border during each ceasefire violation”, said the petition.

 “Due to these ceasefire violations many have already paid with their lives for no fault of theirs as mortar rain on Villages falling in close proximity to both Line of Control”, it said.

WHAT WERE THE PRAYERS



  • Issue an appropriate writ, order or direction directing the respondents to take the matter of the Violation of Ceasefire Agreement between the India and Pakistan before the International Court of Justice for the amicable resolution of the disputes between the two nations.

  • Issue an appropriate writ order or direction directing the respondents to appoint the Committee of Legal Experts to pursue the case of violation of ceasefire agreement entered into between the Republic of India and Pakistan before the International Court of Justice;

  • Issue an appropriate writ order or direction to Respondents to give the top priority for taking the case of violation of ceasefire agreement between the Republic of India and Pakistan before the International Court of Justice

  • Issue an appropriate writ order or direction to Respondents to take initiative and maintained correspondence with the Republic of Pakistan to take the matter of violation of agreement of ceasefire before the International Court of Justice with mutual consent as it will be in the interest of both nations.