The Supreme Court on Thursday agreed to hear next week a PIL seeking to declare as "illegal and unconstitutional" the alleged release of money from central consolidated funds to Jammu and Kashmir-based separatists. "List the petition for hearing on September 14," a bench of Justices A R Dave and L Nageswara Rao said. The direction came after lawyer M L Sharma, who has filed the PIL in personal capacity, mentioned it in the court.
The plea has sought a CBI inquiry into the alleged disbursement of funds to the separatists. "Declare the impugned release of fund from Consolidated Fund of India, without authority and valid permission for supporting separatist group for working against the country, as unconstitutional, illegal and amount to criminal breach of trust attracting section 409 of the IPC," the plea said.
The PIL, which has made Ministry of Home Affairs (MHA), Jammu and Kashmir government and CBI as parties, has also alleged that an offence of corruption for misusing of public office and fund has been made out in the case. It has also sought a direction to the MHA and the Jammu and Kashmir government asking them not to "release/provide" any fund either from "the Consolidated Fund of India or state treasury" under any "heads or object".
The plea has also sought a direction to the CBI to register an FIR against the "impugned release of fund from Consolidated Fund of India without authority and valid permission for supporting separatist group working against the country and to conduct investigation...and file the report before this court for further action...".
It said that no money can be withdrawn from the central fund without prior approval and hence any release of money to the separatists was "illegal and unconstitutional". It also said that such funding, without legal permission, amounted to a serious offence, that is criminal breach of trust by public servant, or by banker, merchant or agent, under the IPC.
"That respondent no.1 & 2 (Centre and state) without having any lawful authority and approval from the Houses and Parliament has been funding under disguise of relief and facilities, coupled with Z class securities to those persons/ group of persons who are separatists and are involved to promote terrorism and violence in the state of Kashmir since several years.
"They are arranging stone pelting programme against the Indian army, violence in the state and providing safe passage to the terrorists to attack upon citizens of India ... for this they are getting money even from the Pakistan and other foreign country which is a serious injury/ damages to the country and life of the citizen of India. Therefore it must be declared unconstitutional and illegal. This all has been being done without informing either the Parliament or to the general public in any manner," it said.