A bench headed by Chief Justice P Sathasivam pulled up the state government for not filing its response for justifying such a policy. It directed the state to file an affidavit by September 16 explaining the rationale behind such a policy.
"We express our deep anguish. It (policy) may give a wrong message to others," the bench said.
The state government sought two weeks’ time to file the affidavit, but the bench directed it to do so within a week and posted the matter for hearing on September 16.
The court was the hearing a PIL seeking a direction to the Centre and Jammu and Kashmir government to provide adequate security and safe passage to pilgrims stranded due to curfew in Kishtwar where communal clashes had taken place on the day of Eid-ul-Fitr.
On the previous hearing, senior advocate Bhim Singh, appearing for Sudesh Dogra of J&K National Panthers Party who has filed the PIL, had cited a government order of 1990 saying that this was discriminatory as ‘the next of kin of personnel of paramilitary forces, if he is permanent resident of J&K, is sanctioned Rs 5 lakh (in case of death), whereas for other personnel of paramilitary forces ,only Rs 2 lakh is sanctioned if they are Indian citizens.’


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