Javed Ahmad Tak vs State Of J&K And Others

Ali Mohammad Magrey, J

This Public Interest Litigation is filed espousing a grievance with reference to ensuring dignity and equality to the persons who are differentiable.

In terms of order dated 27th of November, 2018, this Court observed that similar issues, as raised in the instant petition, are already under consideration before the Jammu wing of the High Court in 'PIL No.23/2016' titled 'Golden Heartz Foundation v. State of J&K', wherein certain directions were passed by the Division Bench on 22nd of November, 2018. It was also observed by this Court that since the directions made in respect of the differently abled persons in the Jammu province are on all fours with the issues raised in the instant petition and, as such, the said directions were extended to the differently abled persons in the Kashmir province as well.

Since, there is already a Public Interest Litigation pending before the Jammu wing of the High Court involving similar issues as raised herein this petition and that the directions issued therein by the Division Bench at Jammu have already been extended to the persons with disabilities in Kashmir region as well, therefore, we feel that there is no need to keep the instant petition pending before this wing of the High Court and that the same can be closed by observing that any directions passed or to be passed in future in PIL No.23/2016 (supra) shall also be applicable to the cases of the differently abled persons in Kashmir region as well.

We order accordingly. The present petitioners, however, in case need arises, shall be at liberty to seek intervention in PIL No.23/2016 (supra) before the Jammu wing of the High Court.

PIL disposed of as above.