Judgment :-

Swatanter Kumar, J.

1. Taking notice of the persistent press reports dealing with the poor arrangements and number of deaths that occurred during the yatra in the year 2012 to the holy cave of Amarnathji, the Court took suo motu action and issued notice to the Union of India, State of Jammu and Kashmir and the Chairman/President of the Amarnathji Shrine Board vide its order dated 13th July, 2012. It will be appropriate to reproduce the said order at this stage itself:-

“Today’s ‘The Times of India’ and ‘Hindustan Times’ reports 67 deaths of pilgrims mostly because of the cardiac arrests as well for other reasons. As per these reports, this has happened in 17 days. Last year 105 persons died during the 45 days’ yatra. Thus, this year it appears to be on the rise. In our considered view, the pilgrims have a constitutional right under Articles 21 and 19(1)(d) to move freely throughout the territory of India, free of fear, with dignity and safety and to ensure enforcement of such right is the primary obligation of the State and the Central Governments.

Where it is a matter of common knowledge that the yatra to the ‘Holy Cave of Amarnath’ is an occasion of privilege and pride fo