A Single Bench of Justice Rahul Bharti of J&K High Court held that 5,300 families that were forced to flee their homes in Pakistan Occupied Jammu and Kashmir (PoJK) since the accession of Jammu and Kashmir in October 1947, and settled outside the state, will continue to hold the status of State Subjects of Jammu and Kashmir for successive generations. It held that each and every displaced family of PoJK of 1947 non-settled in the State of Jammu & Kashmir is rendered entitled to share and stake holder in the relief and rehabilitation package and all other principal and ancillary benefits and status as vested in the displaced family of PoJK of 1947 which remained settled in the State of Jammu & Kashmir. The Court while dealing with several petitions filed by displaced persons of PoJK of 1947 seeking their entitlement over the Prime Minister’s development package of 2015 has made these observations. The court also observed that there was no legal basis but a political motive to exclude such families from the rehabilitation packages announced by the Govt of India from time to time. Pertinently there are about 5300 such families who have been kept out of purview of any such benefit till date.

The Court was dealing with whether 1947 displaced families of the princely State of Jammu & Kashmir, who got camped and settled outside the State of Jammu & Kashmir, were entitled to be reckoned on equal parity and status with 1947 displaced families of the princely State of Jammu & Kashmir who got stationed and settled inside the State of Jammu & Kashmir.

The Court observed that those 5300 displaced families of PoJK of 1947 settled outside the State of Jammu & Kashmir at all relevant point of time from October 1947 till present moment suffered no loss of their State Subject status notwithstanding no formal holding of permanent resident certificate by displaced persons of such families and same shall remain so with respect to their successor generations.

The Court while giving Six Months time to the Government of India directed it to treat the 5300 displaced families of PoJK of 1947 through their successors/heirs settled outside the erstwhile State of Jammu & Kashmir alike and equally with the 26,319 displaced families of PoJK of 1947 settled in the erstwhile State of Jammu & Kashmir and consequently work out one time settlement rehabilitation package as made admissible to 26,319 displaced families of PoJK of 1947 settled in the erstwhile State of Jammu & Kashmir and further directed to accord same status and entitlements in their respective favour as held and enjoyed by the 26,319 displaced families of PoJK of 1947 settled in the erstwhile State of Jammu & Kashmir.