Fayaz Bukhari
Srinagar, June 27: Chief Justice of Jammu and Kashmir High Court, M M Kumar, today took strong exception of the response filed by the Commissioner, Srinagar Municipal Corporation (SMC), G N Qasba, before the court and directed him to tender an apology.
However, Advocate General of the State, Mohammad Ishaq Qadri, withdrew the response of the SMC and tendered a written apology on behalf of the SMC Commissioner before the High Court.
The Division Bench of the Jammu and Kashmir High Court comprising Chief Justice M M Kumar and Justice D S Thakur, was hearing a Public Interest Litigation (PIL) titled Mujeeb Andrabi versus State and others.
The PIL sought making the Srinagar city as hawker free city by removing all hawkers from the city and to provide them alternate space.
While complying the High Court order (dated 22/05/2013), the SMC authorities filed response where in one of the paras about failure on part of the SMC to remove the illegal constructions, the court directions were held responsible.
The SMC had mentioned: “The problem gets further aggravated due to passing of interim orders by this Hon’ble court due to which the SMC could not take any action.”
The High Court took strong exception of the SMC response and the Chief Justice observed: “We know how to deal with them, whosoever high may be.”
The Chief Justice further observed: “We will direct the conduct of the inquiry of the assets of the officials.”
“We are not going to tolerate this kind of nonsense. Ek tou chouri, aur fir seena zouri”, he observed.
The High Court directed the Advocate General that the Commissioner SMC be presented tomorrow before the court and apology be tendered in this behalf.
Advocate General M I Qadri told Excelsior that he has filed an affidavit tendering an apology for the para that was mentioned in SMC response. He said that the para was not in a good taste and it had commented on the court judgement. It may be mentioned here that the response was drafted by the SMC counsel Firdous Ahmad Mir.
Amicus curiae, Advocate Riyaz Ahmad Jan told Excelsior that it was the wording of a para in the draft that was not drafted suitably but the matter has been resolved and SMC Commissioner may not be required to appear before the court tomorrow now.
The PIL titled Mujeeb Andrabi versus State and others further sought directions be issued to the concerned departments for expediting the road widening from North side of Srinagar at HMT-Narbal crossing and provide alternate routes to Pantha Chowk traffic mess.
It has also sought directions be issued to remove all illegal structures erected in violation of Master plan as the SMC has failed to check its violation.
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