Saturday, September 20, 2014

Supreme Court’s directions on Kashmir floods

Supreme Court monitored and assessed the situation of floods in various districts of Kashmir and issued certain directions on 18th September 2014 in the matter of ‘VASUNDHARA PATHAK MASOODI vs Union of India’ Writ Petition (Civil) No.826/2014.
Click below for full Text of Order dated 18th September 2014.

Earlier, on 12th September 2014, Supreme Court of India took up said PIL seeking directions to Central Govt to declare the ongoing floods tragedy in Kashmir as natural calamity and national disaster and speed up the rescue operations.  The matter was heard by bench of CJI Justice RM Lodha, Kurian Joseph and RF Nariman.  Full Text of the Order dated 12th September :

“Massive floods in Kashmir Valley have created horror and we are informed that more than 400 villages are affected and five lac people are still stranded. The petitioners have prayed for immediate rescue, relief and rehabilitation of the affected persons.

2. Mr. Colin Gonsalves, learned senior counsel has placed before us a note which mentions that eight districts namely; Kulgam, Anantnag, Shopian, Pulwama, Ganderbal, Baramulla, Budgam and Srinagar are gravely affected by the floods. It is also stated that there is immediate requirement of large number of helicopters, doctors, medicines, food including pediatric food, baby articles, blankets, life jackets, drinking water, sanitary pads, tents, warm clothes and footwear, fuel and other essential supplies. It is submitted that for such massive tragedy, the national response is required and Union of India must declare the present situation in Kashmir Valley as a natural calamity and national disaster. It is also suggested that for meeting calamity and disaster of this magnitude, all the States and Union Territories of India must be immediately encouraged to respond and provide the above requirements.

3. Mr. Mukul Rohatgi, learned Attorney General submits that Union of India is conscious of the seriousness of the situation and a committee headed by the Prime Minster is overseeing and co-ordinating the rescue and relief operations. He further submits that rescue operations by the Armed Forces are working in full swing and the Chief of the Army Staff himself is monitoring these operations.

4. The petitioners do not dispute the commendable work being done by the Armed Forces in rescue operations but they submit that the current rescue operations are too inadequate for such huge disaster.

5. It needs no emphasis from us that a calamity and disaster as huge as this deserves national response so that immediate relief is made available to the victims of floods.

6. We have no doubt that Government of India is concerned about the calamity that has affected large number of people in valley. We are sure that the Union Government will take all necessary steps urgently in accelerating the rescue, relief and rehabilitation operations. While doing so, the Union Government may also keep in view the suggestions given by Mr. Colin Gonsalves in the form of note, copy of which has been given to the learned Attorney General and so also the suggestions given by the other petitioners.

7. The Government of India may also consider forming a Unified Agency for proper co-ordination of rescue, relief and rehabilitation operations. It goes without saying that supply of food, drinking water, medicines, fuel and other essential supplies deserve top-most priority and so also the restoration of communication and provision for health-care facilities. After all, lives of people who are affected by such disaster have to be saved.

8. List both matters on 15.9.2014.”

Click below for full Text of Order dated 12th September 2014.

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