Advocate M L Sharma who was once in news for his comments on the place of Indian women in Indian culture which earned him enough criticism is on a course correction mode.
A Public Interest Litigation (PIL) sought by the advocate to stop funds flowing from the government to the separatists of the state of Jammu and Kashmir was rejected by the apex court of the country citing that this kind of cases does not fall under the purview of the Supreme Court (SC) since it has direct implication to the security of the nation and that it is best left for the executive to decide.
The SC also denied to classify them as separatists and maintained that they cannot be tagged in a class unless formally charged or convicted.
Justices Dipak Misra and Uday U Lalit described the PIL as “judicially unmanageable”, the bench also said that the grant of funds for security or otherwise “is within the exclusive domain of the central government” and “the court should refrain from entering into the said area.”
The bench headed by Justice Misra said, “Have they (Centre and state) said that they are providing funds to separatists? You are making tall claims that it is being given to a certain class of people but have these people been proved to be separatists on judicially known principles? If there is a threat perception, the government may give security to certain people but the conduct of such people may not be to the liking of others. But we are not concerned with names. Unless somebody is convicted or formally charged, you cannot describe them as a class.”
Citing various media reports in his PIL Sharma stated that these funds are unconstitutional and illegal and that it must be stopped. The petition said that in the last five years over Rs 356 crore has been spent on the security, travel and hotel stays only to spread venom against India.
Unfortunately the monetary expenditure has been levied on the tax payer and the CAG did not append these in the audit reports.