Sharing the concern of a Delhi-based lawyer protesting against government funds to Jammu and Kashmir-based separatists, the Supreme Court on Thursday agreed to hear a petition wanting to declare such a move unconstitutional.
“We also share the same feeling,” a bench headed by Justice AR Dave told the counsel. The court said the matter could be heard on September 14 if all the technical formalities are fulfilled.
The petition is filed at a time when the separatists reportedly turned down the all-party delegation’s offer to hold talks to resolve the crisis in the Valley.
As per the petition, the separatists “enjoyed” the exchequer’s money and promoted “anti-India activities” in the Valley. It seeks 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...,” read the plea.
It claimed funds were being misused and it was a case of corruption, which needed a probe.
Saying there was no legal permission to such a funding, the petition said the disbursement is a serious offence and amounts to criminal breach of trust by public servant, or by banker, merchant or agent, under the criminal law.