Fayaz Bukhari
SRINAGAR, May 6: Jammu and Kashmir High Court today directed the former Cabinet Ministers and Parliament Members to retain the Ministerial bungalows and Government quarters till a committee formed by court takes objective assessment of their threat perception. While disposing off a bunch of petitions of former Cabinet Ministers and Parliament Members, who had approached the court for restraining the Government to evict them from their accommodations which they are holding at present, Justice Hasnain Masoodi directed for constitution of six member committee to assess the threat perception of petitioners who in the previous Government were Cabinet Ministers and Parliament Members. “State Government shall constitute a committee headed by Additional Director General of Police, Security and comprising District Magistrate Srinagar and Jammu, Director Estates, Superintendent of Police, Security Srinagar and Jammu and any other member opted by Additional Director General of Police, Security to make an objective assessment of threat perception of each of petitioners”, court directed. Court said that till the assessment of threat perception is made petitioners shall be allowed to retain the present Government accommodations. “In the said background need to allow petitioners to retain present Government accommodation and security cover in their use or to provide alternate Government and hired accommodation”, court said. Court also directed for recommendation of committee before the Government after examining the matter on threadbare within the period of two weeks. “The committee, while making recommendation, shall have due regard to the ‘category’ in which petitioners have been placed i.e. any one of X, Y, Z or Z+ categories and Government having regard to recommendations shall issue necessary orders as warranted in facts and circumstances of the case”, court directed. Court observed that the tendency all over country on part of Ministers, Members of Parliament and even Government servants to retain Government accommodation and other facilities and amenities, even after they loose status that entitled them to such facilities, demit office or retire n superannuation. “Such tendency has been frowned upon by law courts and resented by civil society and social activists, having interest in honesty, integrity and transparency in affairs related to public life. Once a legislator loses an election, right course for him is to gracefully vacate Government accommodation and surrender facilities enjoyed by him, so that accommodation and other facilities go to newly elected legislator. Their retaining such facilities would be unjust and unfair and may even touch peripheries of misconduct”, observed the bench. Court held that the situation of State of J&K is all along different from other States as the State has been worst affected by turmoil and anti-national activities for the two and half decades which made the political activists life vulnerable. “We have long list of protected persons, who but for Government accommodation and security provided to them, would have fallen prey to nefarious designs of elements inimical to peace, progress and public order”, observed the bench. Court also said that refusal to provide Government and hired accommodation in a safe or protected area or security cover, may amount to violation of right to life and liberty guaranteed under Article 21 of Indian Constitution. “The very fact that the State is declared as Disturbed Area and Armed Forces Special Powers Act is in force, any demand to withdraw or dilute it , is opposed with full vigour by respondents, is indicative of the fact that subversive activities in the State have not entirely disappeared or die down”, reads the order. Court also said that it is not equipped with necessary mechanism to assess threat perception of petitioners or to conclude whether petitioners or any one of them deserve to be allowed to retain present accommodation or provide alternate Government and hired accommodation. “Similarly this court does not have necessary inputs to assess the case of each and every petitioner for security cover or nature and gravity of threat, to which petitioners or any one of them is exposed. This exercise is to be left to experts”, said the court. Court was hearing the petitions filed by Chowdhry Mohammad Ramzan, Abdul Gani Vakil, Sakina Itoo, Mir Saifullah, G N Ratanpuri who had come to the court seeking direction upon the Government not to evict them from the accommodation which they were retaining as Ministers and MPs.
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