M.B.SHAH, R.P.SETHI
Ghulam Qadir – Appellant
Versus
Special Tribunal – Respondent
Judgment
R. P. Sethi
( 1 ). Partition of India in 1947 resulted in the outbreak of communal riots which engulfed some parts of the country, particularly the then united Province of Punjab in Northern India. Human blood flowed in the rivers of Punjab which were the nerve centre of Provinces economy and known for being responsible for the progress, prosperity and welfare of the people. The fire which erupted in Punjab could not be contained by the chilling snowing waters of rivers Jhelam and Chenab and its flames lept over Jammu and Kashmir as well. In the name of religions, their followers and believers let loose the rein of terror, destruction and death. Thousands of Muslims and Hindus were massacred and millions forced to flee from their homes for safety of lives. The Hindus and Sikhs who were forced to leave their birth places on account of tribal riots followed by regular Pakistani aggression in the State were called refugees/displaced persons in the main land of jammu and Kashmir and the Muslims who were forced to become the prey of the communal holocaust were termed as evacuees.
( 2 ). To protect and provide for the administration of the properties, left over by the evacuees in
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