Muzaffar Hussain Attar, J.

SECULAR, the expression appearing in the preamble of the Constitution of India, forms the bedrock of this writ petition. The petitioners, Kashmiri pundits, have approached this Court seeking issuance of directions to the respondent State and its authorities for protecting and preserving some of their religious places. Their grievance is that uncouth attempts have been made by some locals and non locals to change the status of their religious places into commercial places. Public Interest Litigation (PIL) was filed before the Hon'ble Supreme Court. The Assistant Registrar of the Supreme Court, vide his communication dated 12-04-2007, informed the petitioners therein that the petition is not covered under PIL guidelines. The petitioners were advised to file proper petition before the concerned High Court for grant of desired relief in the matter.

2. Another petition (OWP 349/2007) was filed before this Court, which was considered by the Division Bench. On 25-07-2007, the Division Bench permitted the petitioners to withdraw the writ petition in view of the observations contained in the aforementioned communication dated 12-04-2007.

3. The petitioners have filed this petition in representative capacity. It is filed by the Kashmiri pundits, who have not migrated from the valley.

4. Learned counsel for the petitioners submitted that secular character of Constitution would require the State and its authorities to protect the religious places of petitioners. Learned counsel submitted that some Mahants, who in some case are non-kashmiri pundits, have illegally and unauthorisedly created third party interest in properties, which are now being used for commercial purposes. Learned counsel submitted that action, in accordance with law, has to be taken for dealing with Mahants, who illegally disposed of properties and religious places have to be protected.

5. M/s. M. Aijaz and H. Furrahi, appearing for the Applicants, who are seeking impleadment in the writ petition, submitted that writ petition is misconceived and any order, that will be passed, may adversely affect the rights of their clients, as such they shall be afforded opportunity of hearing. Learned counsel further submitted that writ petition is not based on true facts, therefore, it is not maintainable, thus, merits rejection.

6. The history of Kashmir, which is spread over thousands of years, does, in unequivocal terms, throw up the rich culture of this part of the country. Kashmiri pundits have been living in their home land along with people belonging to other religions for centuries. One of the historical hallmark of Kashmir is mutual respect, affection and tolerance amongst people belonging to different religions, castes and creeds. Kashmiriat is manifestation of these virtues of all these people. In Kashmir, examples can be cited to prove these statements. At many places, mosques, temples and shrines of saints are housed in one compound. The father of the nation, after experiencing himself the communal harmony here, declared that he has seen a ray of hope in Kashmir, when the unfortunate events of communal disharmony had engulfed most parts of the Sub Continent. The genes of harmony have transcended through generations in Kashmir.

7. Every nations history does have its black patches. They, however, are over shadowed by the long periods of sun shine and moon shine. The State Government and its authorities are duty bound to redress all the genuine and just grievances of the petitioners. Some laws are already in place in the State of J&K, which can take care of the grievances of the petitioners raised in this writ petition. The respondent State and its authorities, wherever, complaints/grievances are projected by the petitioner/s, shall consider the same in accordance with law and redress them.

8. In normal course, this petition would stand closed with the above stated observations/directions. However, an issue of fundamental and primary importance has cropp

Click Here to Read the rest of this document