ROSHNI'S LOAD SHEDDING
Kashmir Life|October 18-24, 2020;COVID-19:1370 DEATHS AFTER;Issue 29 Vol 12
The High Court verdict on a Public Interest Litigation (PIL) brought forth the serious crises the 2001 Roshni Scheme had. While the new set up must investigate it, the verdict should not be used to peddle a politics that does not exist on the ground
Masood Hussain
ROSHNI'S LOAD SHEDDING

A Division Bench of the Jammu and Kashmir High Court, in a Public Interest Litigation (PIL) has ruled the all acts under the erstwhile Roshni Law as “unconstitutional” and issued a slew of directions for retrieving the vast tracts of land whose ownership has been vested to the encroachers. It has asked the Central Bureau of Investigations (CBI) to initiate criminal proceedings against powerful individuals for abusing the particular law to their benefit. It said the scheme promoted ‘loot to own’ and is an unprecedented piece of law that incentivised criminal activity.

The 64-page verdict has passed serious strictures against the people who enacted the law asserting the “object of the enactment is completely illegal and unacceptable.” The verdict says the “unconstitutional” scheme is illegal and “unsustainable”.

The bill was legislated during Dr Farooq Abdullah government on November 9, 2001, got Raj Bhawan assent, four days later. In the subsequent years, however, it underwent substantial amendments in 2004 and 2007. The major changes were impacted during Ghulam Nabi Azad government when it actually was converted into a sort of largesse asking revenue authorities to effect changes in the revenue records and deliver the allotment papers at the encroachers’ doorsteps for free. The law was repealed by the then Governor Satyapal Malik on December 7, 2018.

CONTROVERSIES

More than 22 months after it was repealed, the Roshi has triggered the discovery of various dark tunnels that were created in its implementation. Some were identified by the petitioners and many are part of the judgement. In fact, the Comptroller and Auditor General (CAG) has given the tip of the iceberg in its March 2013 report.

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