Noting that the Centre and the Army are the best judges to decide on matters of national security and threat perceptions, the Supreme Court on Wednesday refused to entertain a petition to direct the government to stop funding separatist groups in Jammu and Kashmir.
“What is to be done for the security of the nation is best left to the Executive and the Army. ... in issues such as these, courts have a minimum role. These are nationally sensitive issues, for they belong to the arena of the security of the nation,” observed Justice Dipak Misra, who headed the Bench that included Justice U.U. Lalit.
The Bench took offence to the petitioner and advocate, M.L. Sharma, using the term ‘separatists’ in the courtroom. In its order, the Bench used the terminology “various groups in Jammu and Kashmir.”
“Unless somebody is arrested or convicted for a terror offence, you cannot brand them as terrorists. We will not tolerate that in this court,” Justice Misra told Mr. Sharma when he insisted that the Bench term them “separatists.”
Stern message Giving a stern message to courts that such Public Iinterest Litigation (PIL) petitions should neither be entertained nor encouraged, the Bench said in its order, dismissing the plea, that “we are of the considered opinion that grant of funds to Jammu and Kashmir for purposes of security or otherwise is within the exclusive domain of the Central government.”
Mr. Sharma said the separatists were a “big threat” to national security. He named certain separatist leaders.
“Neither I nor my brother judge is concerned about any names here,” Justice Misra stopped him short.
‘Who protects country?’ Then Justice Misra asked the lawyer: “Tell us, who has to protect the country?” “Only the judiciary is left to protect this country. That is why I have come to the Supreme Court,” Mr. Sharma replied.
“No. The judiciary is here to protect our constitutionally permissible values... You say there is a threat perception. For that, there is the Centre and the Army to control the situation,” Justice Misra said.
