Eviction of ex-Ministers/ex-Legislators from Govt accommodation
Excelsior Correspondent
JAMMU, Mar 27: In the much publicized Public Interest Litigation (PIL) seeking eviction of overstaying ex-Ministers/ex-Legislators/politicians from Government accommodation, a Division Bench of High Court of J&K and Ladakh comprising Chief Justice Tashi Rabstan and Justice M A Chowdhary has directed Senior AAG S S Nanda to file the latest status with regard to two politicians namely Ghulam Nabi Azad, former Chief Minister of the erstwhile State of J&K and Ravinder Raina, former President J&K BJP by or before the next date of hearing.
When the PIL came up for hearing, Senior AAG S S Nanda appearing for Estates Department submitted that now there are only three politicians who are occupying the Government accommodation, out of which one politician namely Ravinder Sharma (ex-MLC) has filed an independent writ petition, in which the court has already stayed the eviction from the Government accommodation.
He further submitted that the Designated Committee of Government of J&K is likely to review the matter regarding allotment of accommodations and sought three weeks’ time to file the latest status with regard to the two politicians namely Ghulam Nabi Azad, former Chief Minister and Ravinder Raina, former President J&K BJP.
At this stage, Advocate S S Ahmed with Advocate Rahul Raina appearing for the petitioner submitted, “there cannot be two laws in one UT as the Division Bench comprising Chief Justice Tashi Rabstan and Justice Rajesh Sekhri while rejecting the plea of Ch Lal Singh, ex-MP in the instant PIL had held that security and accommodation are two distinct factors and the Division Bench had based its findings on the basis of the judgment passed by the High Court of Delhi in Subramanyam Swami’s case wherein the Delhi High Court had dismissed the writ petition of former MP Rajya Sabha who was seeking stay against his eviction on completion of his Rajya Sabha term”.
Advocate Ahmed further submitted that the two high profile politicians are continuing in Government accommodation on the basis of the recommendations of the Designated Committee of J&K Government and rest of the politicians have been evicted from the Government accommodation. He further submitted that recommendations of the Designated Committee cannot overturn the judgment of the Division Bench which held that security and accommodation are two distinct factors.
He said that the then Government had evicted two former Chief Ministers and more than 180 politicians from Government accommodations and similar principle needs to be adopted in the case of these two politicians.
After considering the submissions of both the sides, the Division Bench directed Senior AAG S S Nanda appearing for Estates Department to file the latest status with regard to two politicians namely Ghulam Nabi Azad, former Chief Minister and Ravinder Raina, former President, J&K BJP by or before the next date of hearing.
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