Excelsior Correspondent
JAMMU, Nov 25: In a significant order, Division Bench of the High Court comprising Justice Dhiraj Singh Thakur and Justice Mohd Akram Chowdhary has sought the details of the politicians and ex-legislators who own and possess accommodation in their names but still have been provided Government accommodation on the so-called security considerations in Jammu as well as Srinagar.
When the much publicized Public Interest Litigation (PIL) highlighting illegal occupation of Ministerial bungalows/A-type Kothies/flats/quarters situated at Jammu and Srinagar came up for hearing, Advocate Sheikh Shakeel Ahmed with Advocates Supriya Chouhan, Mohd Zulkarnain Choudhary and Majid Shah appearing for the petitioner submitted that since June 2018, the ex-Ministers/ex-Legislators/political workers are illegally staying in the Govt accommodation both at Jammu and Srinagar and the Estates Department has miserably failed to evict these VVIPs illegal occupants owing to political pressure.
Advocate S S Ahmed vehemently argued that Jammu city is a peace zone and even ex-Ministers/ex-legislators belonging to Jammu province as well as areas in and around Jammu district are having their own residential houses but still they are continuing in the Ministerial bungalows/A-type Kothies and there seems to be no logic in allowing them to remain in occupation of Govt accommodation.
He, in the open court, even named such ex-Ministers/ex-Legislators who belong to Jammu and are having their houses in various localities of Jammu. “Even such politicians have been provided Govt accommodation at Srinagar also”, he added.
The Division Bench headed by Justice Dhiraj Singh Thakur while taking serious note of the submissions made by Advocate Ahmed directed that details of all such persons be furnished before the next date of hearing.
Advocate Ahmed further submitted that any Minister/ bureaucrat after demitting office is at par with the common citizen. Though by virtue of the office held, he may be entitled to security and other protocols, allotment of Govt Bungalow for life time and its continuation is not guided by the constitutional principles of equality.
He referred a Supreme Court judgment titled Lok Parhari through its General Secretary Versus the State of UP and others, wherein Apex Court held that the Govt bungalows/official residences are public property and struck down Section 4 (3) of the Uttar Pradesh Ministers (salaries, allowances and miscellaneous provisions) Act, 1981 which had made a provision that a Govt residence shall be allotted to the former Chief Minister of Uttar Pradesh on his/her request for life time on payment of such rent as may be determined from time to time by the Estates Department of the State.
AAG Aseem Sawhney appearing for Govt of J&K submitted that around 72 persons other than Govt officers are occupying Govt accommodation and in view of threat perception reports such persons cannot be exposed to the anti national elements. He further submitted that looking into the seriousness of the matter the UT Govt be allowed to file the status report in a sealed cover as the information disclosed can prove detrimental to the life and security of the protected persons.
He further submitted that he will come out with the details regarding the persons who have been allowed Govt accommodation both at Jammu/ Srinagar or any other area of UT of J&K. AAG also read in the open court the status report filed by him based upon the inputs of security review committee. He further submitted that owing to security consideration the politicians are staying in safe/secure Govt accommodations.
After considering the submission of the both sides, the Division Bench directed AAG Aseem Sawhney to provide the details of politicians/ex-Legislators who are ordinarily the residents of Jammu province and particular areas in and around Jammu district and own and possess accommodation in their own names but still have been furnished Govt accommodation on so called security considerations not only in Jammu but even in Srinagar.
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