Supreme Court on Friday refused to entertain a petition challenging the recent rehabilitation policy of the state government for paving way for the return of youths who had crossed over to Pakistan-occupied Kashmir (PoK) after eruption of militancy in the state.
"How can we quash the government's policy decision? You tell me what is our role in interfering with the policy," a bench comprising justices KS Radhakrishnan and AK Sikri said.
"We have no role. The Centre and the state government have to perform their roles as per the policy. Sorry," it said, rejecting the public interest litigation filed by Jammu and Kashmir National Panthers Party (JKNPP) on the issue.
Senior advocate Bhim Singh said judicial intervention was needed, as the policy was implemented in a manner which was not in consonance with the law of the land.
"Where do we go then?" he said.
"We don't know, but this is not the right forum," the bench replied.
Recently, the state government had given its nod to the rehabilitation policy, approved by the union home ministry.
As per the policy, a high-level committee, headed by commissioner or secretary (home), would be formed, which would have the final authority to clear the cases of youths who wanted to return from Pakistan and PoK.
The youths would be allowed to return only if they assured to shun the path of violence. Their parents can approach the superintendent of police in their district with the plea, which would then be forwarded to a high-level committee.
Earlier, another bench of the apex court had issued a notice to the Centre and the state government on a separate plea of the Jammu and Kashmir Panthers Party, which claimed that people with Pakistani passports were being allowed to enter Indian territory from Nepal illegally, by using fake identity cards issued by the Jammu and Kashmir government.