HC closes suo moto PIL on Greater Kashmir report

Srinagar, Sep 20: The Jammu and Kashmir High Court has closed a Public Interest Litigation (PIL) it had initiated on its own motion in April this year after taking cognisance of Greater Kashmir’s report on recurrent forest fires that scorched both Kashmir and Jammu divisions from October to December 2024 and again in spring 2025.

The bench, comprising Chief Justice Arun Palli and Justice Rajnesh Oswal, closed the PIL after going through the affidavit filed by the Chief Conservator of Forests, Kashmir.

The High Court had taken cognisance of a Greater Kashmir news report, ‘Spring of Smoke: Kashmir’s forests continue to burn’, published on April 8, 2025.

The story detailed how more than 100 forest fires had erupted across J&K in just two weeks, consuming over 200 acres of forest cover.

“More than 100 forest fires within a period of two weeks reflect an alarming situation which needs to be tackled,” the court observed while initiating the proceedings in April this year.

COURT’S ORDER AND OBSERVATIONS

In its April 8, 2025, order, the High Court explicitly referred to the Greater Kashmir report.

It said that the matter was “a serious concern in view of the fact that the entire world is already facing the issue of global warming” and directed its Registrar Judicial to place the issue before the Chief Justice along with newspaper clippings.

Following notices to the government, the Chief Conservator of Forests, Kashmir, filed an affidavit acknowledging that although fire plays an ecological role in regeneration, “climate change, human pressures, and land use changes have increased fire intensity, frequency, and impact necessitating modern prevention and control measures.”

The affidavit listed human-induced causes such as burning of crop residue, careless disposal of cigarettes, matchsticks, and campfires, burning of forest litter, and even accidental fires sparked by cross-LoC shelling.

It also mentioned rare natural causes, including lightning and rolling stones during dry seasons. Environmental factors such as prolonged dry spells, accumulated leaf litter, rising temperatures, and altered rainfall patterns were also cited.

To counter the threat, the government informed the court that Forest Fire Control Rooms had been established at divisional levels and manpower from the Forest Protection Force was being deployed.

It said fire lines were being created and maintained as physical barriers, while controlled burning of litter was carried out before fire season.

Officials explained that satellite-based Van Agni alerts were in use to detect fires early, while 85 joint control teams had been equipped with fire beaters, rake hoes, backpack sprayers, and other tools.

“Mock drills and training programmes are often conducted, and community engagement through Village Forest Committees remains a key component,” the affidavit said.

Awareness drives through schools, posters, and social media were also being undertaken.

After reviewing the submissions, the bench ruled, “In the wake of the position indicated above, we do not consider it necessary to continue with the matter any further.”

AMICUS CURIAE APPOINTED

While closing the Public Interest Litigation (PIL), the High Court recognised the sensitivity of the issue and appointed Advocate Nadeem Qadri as amicus curiae.

The bench said he could move appropriate applications if any fresh causes of action arise in the future.

The Registrar Judicial was directed to provide Qadri with copies of the entire record and previous orders.

“The closure of the PIL marks the culmination of judicial intervention but keeps the door open for renewed oversight should J&K’s forests again go up in smoke,” Qadiri said.

The High Court’s intervention was triggered by Greater Kashmir’s ‘Spring of Smoke: Kashmir’s forests continue to burn’ report.

The story described how Anantnag’s Lidder, Kokernag, and Shangus divisions were the worst affected, with residents watching helplessly as vast green stretches were reduced to ash.

“It is like watching a part of ourselves vanish every day,” a resident from Seer, Anantnag, was quoted in the report. “Our green gold is burning before our eyes, and we feel helpless.”

Videos posted on social media at the time showed flames engulfing the forests of Hutmurah Mattan, Nambal, and Seer.

Later, another blaze erupted in Compartment-43 of the Narbal-Rafiabad forest in Baramulla.

By April 1, fires had been reported in 15 districts, including Pulwama, Budgam, Ganderbal, Bandipora, and Baramulla, and even the Zabarwan hills near Srinagar.

The Jammu division too was battling active blazes in Rajouri, Ramban, Reasi, Doda, and Poonch.

The Jammu and Kashmir Disaster Management Authority (JKDMA) issued two alerts – an “extreme risk” warning for forests near Purmandal and Kathua and a “very high risk” warning for Rajwalta, Kalakote, Samba, Kathua, and Lakhanpur.

Despite these warnings, flare-ups continued in several pockets.

Locals raised suspicions that not all incidents were accidental.

“This can’t all be a coincidence,” residents of Tral had said. “Yes, some may be accidental, but many of us believe there’s more to it.”

 

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