A bench of Chief Justice P.Sathasivam and Justice Ranjana Prakash Desai expressed its displeasure as the state government, in its affidavit filed before the court, contended that it enjoyed special status and the Indian Constitution did not apply to it in its entirety.
"The state of Jammu and Kashmir has a special status within the Union of India. The Constitution of India (as well as the constitutional scheme thereunder) do not apply in their entirely to the state of Jammu and Kashmir, but are subject to certain limitations and exceptions," said the affidavit.
It said that while the political relationship between the state and India is "governed by Instrument of Accession", the "constitutional relationship between the State and the Union of India is governed by the relevant provisions of the constitution of Jammu and Kashmir, read with Article 370 of the Constitution and various orders issued by...the President of India, under that Article".
The apex court expressed its displeasure with the tone and tenor of the affidavit while hearing a plea on the discrimination in the award of compensation to the security personnel belonging to the state police and those belonging to central paramilitary forces during the recent violent clashes in the state's Kishtwar region.
Asking how could the Jammu and Kashmir government give different compensation to security personnel from within and outside the state, the court said: "It does not mean you discriminate...despite your constitutional status you can't discriminate because these people lose their lives in your state for your people."
The court asked the chief secretary to file a fresh affidavit and directed the listing of the matter for Sep 20.
--IANS (Posted on 16-09-2013)