The Supreme Court today said "a calamity and disaster" as huge as the one witnessed in Jammu and Kashmir floods "deserves national response" and asked the Centre to apprise it on Monday on the urgent steps undertaken to accelerate rescue, relief and rehabilitation operations.
The apex court, which noted that "massive floods in Kashmir Valley have created horror" affecting more than 400 villages and stranding five lakh people, also asked the Centre to consider forming a Unified Agency for proper co-ordination of work. It appreciated the effort of the Centre and armed forces but declined the suggestion of Attorney General Mukul Rohatgi that it was not appropriate at this juncture for the judiciary to intervene and entertain petitions.
"Don't treat this as an adversarial litigation. In the past also this court has intervened when disaster of high magnitude struck Uttarakhand and other states," a bench headed by Chief Justice R M Lodha said, while dealing with petitions seeking direction to the Centre to declare the present situation in the Valley as a natural calamity and national disaster.
The apex court said efforts should be made by Centre and the state Government to make functional constitutional offices like High Court and offices of administration from some accommodations in Srinagar.
"How will you communicate the order of this court?" the bench also comprising justices Kurian Joseph and R F Nariman said, while speaking about the current situation in the state. "The executive and judiciary should start functioning in whatever way. Some accommodation must be made available so that judiciary starts functioning from the city of Srinagar. The High Court is the symbol of Constitution and face of judiciary. We would like High Court to start functioning immediately from any place in Srinagar even with two or three rooms," the bench said.
The CJI said even the Chief Justice of Jammu and Kashmir High Court Justice Mahesh Mittal Kumar was till yesterday stranded in Jammu and they had spoken over telephone.
The bench took on record the statement of Attorney General that "Union of India is conscious of the seriousness of the situation and a committee headed by the Prime Minister is overseeing and coordinating the rescue and relief operations" and "rescue operations by the Armed Forces are working in full swing and the Chief of the Army Staff himself is monitoring these operations".
The bench also accepted some of the suggestions made by Jammu and Kashmir Panthers Party chief Bhim Singh, senior advocate Colin Gonsalves and other petitioners and said "Government of India may also consider forming a Unified Agency for proper co-ordination of rescue, relief and rehabilitation operations".
In the order, the bench said, "We have no doubt that Government of India is concerned about the calamity that has affected large number of people in the Valley. We are sure that the Union Government will take all necessary steps urgently in accelerating the rescue, relief and rehabilitation operations," the bench said, while taking on record the note by Gonsalves enumerating suggestions to deal with the emergency situation in the flood-hit state.
The bench had sent a message to Attorney General to appear in the matter and assist the court as none of the petitioners had served the copy of the petition either to the Centre or the Jammu and Kashmir Government. "Just passing order on paper will have no impact," the bench observed and said it would not pass any order before hearing the top law officer. The bench in the order said that 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 a huge calamity.
"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," the bench said. The bench said, it goes without saying that supply of food, drinking water, medicines, fuel and other essential supplies deserve top-most priority and 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," the bench said while posting the next hearing for September 15.
Gonsalves placed a note which mentioned that eight districts namely; Kulgam, Anantnag, Shopian, Pulwama, Ganderbal, Baramulla, Budgam and Srinagar are gravely affected by the floods.
The note 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.
The petitioners 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.
The apex court said 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 requirements.
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