Observing that it is a serious concern, the Supreme Court on Thursday agreed to hear on September 14 a public interest litigation for a direction to the Centre and the J&K government to immediately stop funding and facilities provided to separatist groups in Jammu and Kashmir.
A bench of Justices Anil R. Dave and L. Nageswara Rao told counsel M.L. Sharma when he made a mention for early listing, “We also share the same feelings. Everybody sitting here feels the same.” Mr Sharma submitted that the funding to Hurriyat and separatists should be declared “unconstitutional and illegal” as the government “cannot be allowed to provide money to those who are acting against the interest of the nation.”
In his writ petition, Mr Sharma said, “The government has spent `21 crore on putting up these separatists in luxury hotels and `26.43 crore on fuel for them to travel around and spread their anti-India venom. While the separatists speak for, even instigate, militancy and Pakistan’s terrorist proxies, such as the Hizb-ul-Mujahideen who are responsible for the killing of thousands of security forces and civilians since 1990, India goes out of its way to protect their lives. India has spent `309 crore to provide security to separatists over the last five years, with some 950 security men guarding them round-the-clock, according to the data provided by the J&K government in 2015.”
The petitioner pointed out that the expenditure was made without informing Parliament and the CAG has also never adduced any audit report on how these funds were used while the money was used to wage a war against the country.
He wanted initiation of criminal prosecution against those who have illegally authorised release of this money from the consolidated fund of India.
He sought a declaration that such funding from the consolidated fund of India, without authority and valid permission for supporting separatist group working against the country is unconstitutional, illegal and amounts to criminal breach of trust, attracting IPC Section.409. It will also be an offence under the Prevention of Corruption Act for misuse of public office and funding to favour others and a declaration that such funding to the separatist group is against the national interest.