Amarnath Shrine, In Re, Supreme Court Of India, Judgment, Law, casemine.com

Factual and Procedural Background

The proceeding is a public interest litigation concerning the Amarnath Yatra, prompted by media reports and an earlier order of the Supreme Court dated 13-7-2012 pointing to inadequate public amenities and a high rate of pilgrim mortality. In the present order the Court, assisted by the Solicitor General and other senior law officers, notes that all governmental and statutory stakeholders have adopted a non-adversarial stance. Recognising that the matter involves complex technical, geographical and environmental questions affecting the fundamental rights of citizens, the Court determines that specialised expertise—not judicial fiat—is required.

Legal Issues Presented

How can the Supreme Court safeguard the basic and fundamental rights of pilgrims in light of reported high mortality and inadequate facilities during the Amarnath Yatra?

Should the Court itself prescribe detailed remedial measures or delegate the task to a specialised body capable of conducting a technical and environmental assessment?

Table of Precedents Cited

Precedent	Rule or Principle Cited For	Application by the Court
Order dated 13-7-2012 (2012) 12 SCC 497	Highlighted high mortality rates and lack of amenities for Amarnath pilgrims, underscoring the need for judicial intervention.	Cited to demonstrate ongoing concern and to justify the constitution of a Special High-Powered Committee for expert recommendations.

Precedent

Rule or Principle Cited For

Application by the Court

Order dated 13-7-2012 (2012) 12 SCC 497

Highlighted high mortality rates and lack of amenities for Amarnath pilgrims, underscoring the need for judicial intervention.

Cited to demonstrate ongoing concern and to justify the constitution of a Special High-Powered Committee for expert recommendations.

Court's Reasoning and Analysis

The Court first observes that the litigation is not adversarial and commends the cooperative attitude of the Union, State, statutory bodies and private stakeholders. Acknowledging its institutional limitations in handling “serious technical, geographical and environmental issues,” the Court concludes that direct judicial prescription of remedial measures would be inappropriate. Nevertheless, because the “basic and fundamental rights of the citizens” are implicated, judicial oversight remains necessary.

Balancing these considerations, the Court constitutes a Special High-Powered Committee (SHPC) chaired by the Governor of Jammu and Kashmir (in his capacity as Chairman of the Amarnath Shrine Board). Twelve governmental and institutional representatives, or their high-ranking nominees, form the core membership. The SHPC is mandated to:

Inspect all routes to the holy cave, including the glacier immediately before it.

Prepare a comprehensive report addressing construction of safe passages, segregation of pedestrian and animal traffic, deployment of medical facilities, environmental impact assessment, force deployment, registration and health screening of pilgrims, and any other measures to prevent deaths.

Submit a final report within the timeline fixed by the Court, after deliberation with the Chairman.

The Court also declines a private party’s application to intervene directly but permits that party to make representations before the SHPC. The Chief Secretary of Jammu & Kashmir is designated as the nodal officer for convening meetings, recording minutes, and filing the report. The matter is listed for further hearing on 13-8-2012.

Holding and Implications

ORDER: The Supreme Court constitutes a Special High-Powered Committee, defines its composition and mandate, denies direct intervention by a private applicant, and schedules the matter for further hearing on 13-8-2012.

Implications: Immediate responsibility for devising and recommending concrete measures to safeguard pilgrims’ lives and the environment now rests with the SHPC. The decision establishes a procedural framework for expert input but sets no new substantive precedent; its direct effect is to facilitate timely, expert-driven solutions before the next Amarnath Yatra.

Amarnath Shrine, In Re

Order

1. We have requested the learned Solicitor General of India to assist the Court in this case along with Mr Sidharth Luthra, learned Additional Solicitor General. We have heard the learned counsel appearing for the various parties at some length.

2. It remains undisputed that this is not an adversarial litigation. We must appreciate the attitude adopted on behalf of the various Governments, statutory bodies as well as the private entrepreneurs.

3. Lack of public amenities, facilities, health care, particularly the high rate of mortality, which has been highlighted in the various press cuttings and in our order dated 13-7-2012 (2012) 12 SCC 497, requires attention of all concerned. This being a matter of serious concern, having serious technical, geographical and environmental issues, it will not be appropriate for this Court to venture into providing detailed steps and measures that are required to be taken by the Union of India, the State Government and the Shrine Board. This Court lacks the expertise in this regard. But, at the same time, it is not a matter which can be ignored by this Court, as the basic and fundamental rights of the citizens of this country are at stake.

4. Thus, we consider it appropriate to constitute a Special High-Powered Committee (for short “SHPC”) which would visit the site, examine various facets and submit its suggestions in the form of a report that would enable this Court to pass appropriate directions. The inspection by SHPC and its suggestions should be aimed at protecting the interest of the yatris, ensuring proper management, due regard to environmental protection and ensure health care. We do not wish to limit the scope of enquiry and consequential suggestions by SHPC.

5. For this purpose, we constitute the following SHPC:

1. The Amarnath Shrine Board, the statutory body,

2. Secretary, Ministry of Environment and Forests,

3. Secretary, Ministry of Home Affairs,

4. Secretary, Ministry of Health and Family Welfare,

5. Chief Secretary, State of Jammu and Kashmir,

6. Member-Secretary, Central Pollution Control Board, New Delhi,

7. Director General of Police, State of Jammu and Kashmir,

8. Director General, CRPF,

9. Director General, Border Security Force,

10. Director General, Border Roads Organisation,

11. Home Secretary, State of Jammu and Kashmir,

12. Secretary, PWD, State of Jammu and Kashmir,

6. We hereby make it clear that the Secretaries/Directors General can be the members of SHPC themselves or nominate any officer not below the rank of Additional Secretary/Additional Director General to be the nominees of their respective Departments on SHPC. The Governor of Jammu and Kashmir is the Chairman of the Amarnath Shrine Board. Thus, we consider it appropriate that he be the Chairman of this SHPC and would nominate a CEO and an environmentalist for and on behalf of the Shrine Board.

7. We would expect SHPC to visit and examine the different routes leading to the holy cave, particularly the glacier immediately prior to the holy cave. The preliminary findings recorded by SHPC shall be the subject-matter of discussion with the Governor of the State of Jammu and Kashmir, being in Chair. Upon due deliberations and counter-suggestions, if any, received by the Chairman, a final report shall be prepared. The said final report would be placed before this Court within the time schedule specified in this order and without fail. This would enable this Court to direct timely execution of the recommendations of SHPC. This will also ensure that the next yatra to the holy cave shall be less hazardous, beneficial and appropriately managed, at least with basic human facilities being available to the yatris. This will also help in taking of appropriate steps, well in advance, by the required Governments.

8. The Committee shall examine and report in relation to the matters, inter alia, the following:

8.1 Construction of proper passages, wide enough and with due support on both sides, for the traffic of pedestrian yatris, on horses and by palkis (palanquins) from Panchtarni to the holy cave.

8.2 Providing one-way passage with separate tracks, one for pedestrians and other for horses, carriages and palkis near the shrine.

8.3 Providing of health check-up facilities on both the passages from Baltal and Panchtarni to the holy cave.

8.4 Providing of proper public amenities and facilities on the way and at the lower end of the glaciers near the holy cave.

8.5 All such other steps which are required to be taken for preventing unfortunate deaths of the yatris, going on yatra to the holy cave.

8.6 Deployment of more forces and to provide better conditions of service for the members of the forces, posted on way and at the holy cave.

8.7 Environmental impact assessment.

8.8 The manner and methods to be adopted to attain the above, with least damage or interference with the environment of the entire zone right from Baltal to the holy cave from different routes.

8.9 Deployment of more medical teams, at regular distance on all the passages leading to the holy cave.

8.10 Registration of yatris at Jammu, Srinagar, Baltal and Panchtarni.

8.11 It should also consider the possibility of limited number of yatris being released from Srinagar to Baltal to ensure better management, hygiene, health care and betterment of the yatris, who stay there overnight.

8.12 Medical examination at the time of registration and on the way.

8.13 This Committee shall visit the site during the current period, that means, prior to the closure of passage to the holy cave.

9. An application has been moved before us by a private party, we do not consider it appropriate that private party should be permitted to intervene in this PIL. However, they are granted liberty to move a petition before the Committee appointed by this Court and make submissions which may be considered in accordance with law and policy of the Government.

10. The Chief Secretary, Jammu and Kashmir shall be the nodal officer for holding the meetings, preparation of minutes and presenting the report before this Court. We are informed that the Chief Secretary is present in the Court. He may take steps forthwith.

11. List the matter on Monday, 13-8-2012.

Court Masters

(Record of Proceedings),Suo Motu WP (C) No. 284 of 2012, decided on July 20, 2012

Amarnath Shrine, In Re

Factual and Procedural Background

Legal Issues Presented

Arguments of the Parties

Table of Precedents Cited

Court's Reasoning and Analysis

Holding and Implications

Amarnath Shrine, In Re

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