all other ancillary items thereto to the medical teams to ensure that the pilgrims can be provided adequate treatment without any loss of time. Largest number of medical teams shall be deputed at the glacier and the passage near the Holy Shrine.
10) The State of Jammu and Kashmir shall make due provision for providing lodging and boarding to doctors on ‘temporary duty’ and ensure that they are not put to any inconvenience, in any respect, whatsoever.
11) The State of Jammu and Kashmir and the Shrine Board shall make due provision for registration of the yatris as proposed in the report and preferably at Srinagar, Baltal, Chandanvadi, Panchtarni, etc.
12) The STPs shall be constructed at all places, particularly at Baltal. Clearance for that purpose shall be granted by all the concerned departments expeditiously and in accordance with law.
This direction of the Court shall be complied with notwithstanding the pendency of any litigation before any Court, including the High Court of Jammu and Kashmir.
13) The request of the applicant M/s. Piramal Healthcare Pvt. Ltd. (In I.A. No. 4 of 2012) for providing pre-fabricated tents or toilets or such other material which they may chose to offer or desired by the authorities, shall be considered by the Shrine Board in its discretion. However, we observe that the request of the applicant should be considered sympathetically and objectively.
14) The walking track/passages should be widened and railing and retaining walls be provided. The extent of width of the passage and manner of providing the railing (thick iron cables supported by wooden blocks or cement and stone) shall be in the discretion of the Sub-Committee afore-constituted. But, we make it clear that width of no passage shall be less than 12 feet, particularly, that of the track leading from Panchtarni to the Holy Shrine.
15) Neither have we directed nor should we be understood to have implicitly directed that there should be mettled motorable road in place of the walking tracks/passages.
16) There shall be provided separate one way passage for palkis and horses as one unit and the pedestrians as the other, near to and at the passages leading to the Holy Shrine. Preferably on this passage pre-fabricated walking path/matting should be provided.
17) All other walking tracks from various other points, like Baltal, Panchtarni and Chandanvadi may be covered either by pre-fabricated rough cement tiles or such other material, which in the opinion of the SHPC, would be most appropriate for the benefit of the pilgrims.
18) Attempt should be made to construct shelters on the passage/walking paths at regular intervals. Temporary/pre-fabricated shelters should certainly be provided near the Holy Shrine where large number of persons collect and have to wait for long hours for darshan.
19) At the Holy Cave, the existing grill should be replaced by 100 per cent transparent fiber or any other material to ensure that the darshan to the shivlingam is not visually obstructed. In the alternative, the iron grills, as installed can be permitted, but the gaps between the parallel bars, which are perpendicular to the earth, should not be less than 12 inches, as they would help in giving a clear visual darshan of the shivlingam and the shiv
parivar.
The implementation of the above suggestion should be left to the wisdom of the Sub-Committee.
20) The Sub-Committee constituted under this order shall be at liberty to consult or obtain opinion of any expert body, as it may deem fit and proper, in the facts and circumstances.
21) All the above directions and the recommendations made in the report of the SHPC should be carried out by all concerned without demur or protest and expeditiously. We make it clear that any officer of any State irrespective of his position in the State hierarchy shall personally be held liable and proceeded against in the event of default and/or violation of the above directions/ recommendations of the SHPC.
22) The Chief Secretary, Secretary, Health of the State of Jammu and Kashmir and the CEO of the Shrine Board shall personally be responsible and answerable for strict compliance of the recommendations of the report of SHPC and/or directions as contained in this judgment. Since we are holding the Sub-Committee personally liable for compliance of the order of the Court, we grant liberty to this Sub-Committee to seek clarification, if any, at any time.
23) The Sub-Committee is also given liberty to bring to the notice of this Court if any authority/officer/the Government fails to render the required help or take desired action and/or is instrumental in violating the orders and directions of the Court.
32. We will be failing in our duty if we do not place on record our appreciation for the valuable assistance rendered by various counsel appearing in the case as well as for the positive and progressive approach
adopted by the State of Jammu and Kashmir as well as the Shrine Board. We must also place on record, our special commendations, for the echt efforts made by the SHPC with utmost tenacity and verve and also for its
expeditious recommendations under the Chairmanship of the Governor of Jammu and Kashmir.
33. Before we part with the file, we express a pious hope that this judgment shall serve a larger public purpose. It will provide a fair opportunity to the pilgrims to complete their yatra to the Holy Cave with human dignity, safety to their lives and with basic amenities being provided to them. We have no doubt in our mind that the State of Jammu and Kashmir and the Shrine Board shall endeavour their best to implement this judgment in its true spirit and substance in the larger interest of public as well as to uphold the rule of law.
34. The petition is accordingly disposed of.
…………………………………J.
(Dr. B.S. Chauhan)
..………….………………………..J.
(Swatanter Kumar)
New Delhi,
December 13, 2012
