(1.) Special leave granted.
(2.) On a petition filed under Article 226 of the Constitution by the Bar Association of Jammu and Kashmir at Srinagar, a division bench of the High court coir. prising Mathur, C. J. and Kochani, J. directed the respondents by the order dated 22/10/1993 to permit Shri Z. A. Shah, advocate, and counsel for the petitioner to enter the Hazratbal Shrine and report all the matters enumerated in the said order. As the State had an objection to the access of Shri shah into the Shrine it approached this court by way of a special leave petition (No. 17239 of 1993, This court passed an order on 24/10/1993 permitting the State to seek a modification of that order, in that, in place of Shri Shah, a team of willing Red Cross personnel (not exceeding five in number) may be permitted to enter the Shrine and report all matters enumerated in the High court's order. It was left to the State to move the High court, if it so pleased. It appears that thereafter on the State's motion, the High court modified the order whereby four Medical Officers were appointed in place of Shri Shah to visit the Hazratbal Shrine in compliance with its order of 22/10/1993. The said team of Medical Officers submitted a report to the High court on 29/10/1993 inter alia stating that the total number of persons inside the Shrine were 80 in addition to some other persons whom they were not allowed to see. Amongst the persons present in the Shrine seen by this team of Medical Officers were one woman, 21 sick persons, out of whom two were serious but no child below the age of 12. No foodstuff was found inside the shrine. There was no availability of water except approximately five litres in a tin container, no electricity and the sanitary arrangements were absent, in that, the bathrooms of the nearby Hamams used by the inmates as latrine were full of human refuse (excreta) which could not be cleaned for want of water and there was an awful smell. This team of medical men examined the sick and gave emergency medical aid to them.
(3.) On the basis of the aforesaid report the division bench of the High court passed another order dated 29/10/1993, which is impugned by way of special leave petition (No. 17509 of 1993 before us. By the impugned order the High court came to the conclusion that the report of the Commissioner made out a prima facie case for the grant of an interim order and directed that 'the authorities shall not put any impediment in the supply of food to the inmates ofthe Shrine by petitioner 2, namely "jammu and Kashmir Muslim Auqaf Trust", to the 80 persons found in the Shrine. The food to be supplied would be checked by the authorities to ensure that no extraneous material was smuggled into the Shrine. It was further directed that the State should ensure supply of water, electricity and treatment to the sick. For treatment Dr S. M. Rafiq, CMO Srinagar, and one of the Commissioners was directed to visit the Shrine everyday in the morning between 10. 00 and 12. 00 and examine the sick and provide them the necessary treatment. The High court further stated that if any sick person requires specialised treatment he may make a report to the Director of Health Services who shall thereupon ensure the required treatment. It is this order passed by the High court which is questioned in this appeal.