All Hindus Living In Kashmir Valley Cannot Claim Benefits Meant For Kashmiri Pandits: J&K High Court

The Jammu and Kashmir High Court has held that all Hindus residing in the Valley cannot be said to be a Kashmiri Pandit, thereby allowing them to avail the benefits of the schemes meant exclusively for the Pandits. While disposing of the plea seeking benefit to the petitioners, under the package for return and rehabilitation of Kashmiri migrants, Justice Sanjeev Kumar held that,"In the absence of a specific definition of the term "Kashmiri Pandit family," the only way to find out the true meaning of the term is to apply the common parlance principle. There is no denying the fact that in common parlance, Kashmiri Pandit is a community of Kashmiri-speaking Brahmins living in the Valley for generations and are distinctly identified by their dress, customs, and traditions, etc. "Kashmiri Pandits" is a separately identifiable community distinct from other Hindus residing in the Valley like Rajputs, Brahmins other than Kashmiri Pandits, Scheduled Castes, Scheduled Tribes, and many others."BackgroundIn the year 2009, the Government of India issued Prime Minister's Package for return and rehabilitation to Kashmiri migrants in Kashmir Valley. The said package was later extended to non-migrant Kashmiri Pandits as well.In December 2020, the State issued an advertisement for filling up 1997 posts while carrying a recruitment drive. The advertisement was also open for the Kashmiri Pandits who had not migrated. However, these categories of people were required to produce bonafide documents certifying that such candidates had not migrated and were, accordingly, not registered with the Commissioner (Relief). The Deputy Commissioners were also to certify that the candidates, seeking the benefit of special recruitment drive carried under Prime Minister's package, belonged to the community described as "Kashmiri Pandits." The Deputy Commissioners chose not to grant such certificates in respect of a group of non-migrant Kashmiri Hindus, on the analogy that they did not belong to the community of "Kashmiri Pandits."After that, the present petition was filed, and by way of an interim measure, the Court allowed them to participate in the selection process. The petitioner now contends that the selection process has been almost concluded and the selection list framed. However, the respondents have withheld the selection of the petitioners on the ground that they do not meet the requirement of production of the "Kashmiri Pandit" certificate issued by the competent authority.Advocate Altaf Mehraj, appearing for the petitioners, argued that the benefit of the Prime Minister's Package cannot be restricted to only one community, i.e., "Kashmiri Pandits," and ignoring other Hindu castes, communities,, and clans who have similarly suffered due to the onslaught in 1990. It was submitted that all Hindus residing in the Valley and have not migrated constitute one class. Their further classification based on their identities is not permissible in law. It is alleged that the State has refused to issue certificates in bonafide cases in favor of candidates who are similarly situated with the petitioners and carry the surname of "Singh."It is further argued that the term "Kashmiri Pandits" is wide enough to include all non-migrant castes and communities of Hindus residing in the Valley and have similarly suffered as non-migrant Kashmiri Pandits. Assistant Solicitor General of India, T.M. Shamsi, along with Government Advocates Usmani Gani and Sajad Ashraf, opposed the petition by submitting that various posts were created for Kashmiri migrants on a supernumerary basis across various departments. In terms of Rule 2 of the Jammu & Kashmir Migrants (Special Drive) Recruitment Rules, 2009, entitling the following category of people as eligible for the said posts:(i) a person who has migrated from Kashmir Valley after 1st of November, 1989 and is registered as such with the Relief Commissioner; (ii) a person who has migrated from Kashmir Valley after 1st of November, 1989, but has not been so registered with the Relief Commissioner on the ground of his being in service of Government in any moving officer or having left the Valley or any other part of the State in pursuit of occupation or vocation or otherwise and is possessed of immovable property at the place from where he has migrated but is unable to ordinarily reside there due to the disturbed conditions; (iii) an internally displaced person who has migrated within Valley from his original place of residence in Kashmir Valley for security reasons and is registered as such with the Relief and Rehabilitation Commissioner, Migrants; and (iv) a person who belongs to the Kashmiri Pandit Family and has not migrated from Kashmir Valley after 1st of November 1989 and is presently residing in the Kashmir Valley.Referring to the said classification, it was submitted that category (i), (ii), and (iii), the Relief and Rehabilitation Commissioner for Migrants is the designated authority for authentication of...

All Hindus Living In Kashmir Valley Cannot Claim Benefits Meant For Kashmiri Pandits: J&K High Court

Shrutika Pandey

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