Excelsior Correspondent
Srinagar, Feb 9: High Court has continued its interim direction for not evicting the Senior National Conference (NC) leader Abdul Rahim Rather from the Government accommodation till the next date of hearing in the case.
Petitioner-Rather has approached the court against his eviction from Government accommodation on the ground that clause (e) of Jammu and Kashmir Estates Department (Allotment of Government Accommodation) Regulations, 2004, demonstrates that the petitioner is entitled to accommodation under 5% discretionary quota as a Former Legislator and additionally claims such accommodation on the ground of having been assessed as Z+ Category, on the basis of threat.
He has also stated that on losing the status as Minister of Government of Jammu and Kashmir, he was allotted Private House No. 7, Humhama, Srinagar, which was extended by the Government with effect from 01.05.2015. His counsel informed the court that the petitioner is occupying the private accommodation since its allotment and is continuously depositing the rent, which as stated, is acknowledged by the Deputy Director, Estates, Srinagar.
Court has been apprised that the petitioner is not claiming continuation of the alleged accommodation as a matter of right as a Former Minister but due to discretion under drawn in the case when he has threat to his life, which is assessed by the security agencies of the Government of Jammu and Kashmir. It is submitted that the Government of Jammu and Kashmir cannot by any stretch of imagination deprive the petitioner from the right of protecting his life as guaranteed under Article 21 of the Constitution of India and the Government is under an obligation to provide not only the security but accommodation also under 5% discretionary quota in terms of provisions as aforesaid said.
While strengthening his claim further qua relief prayed for in the writ petition, he has made reference to the deposition of rent continuously. Government resists the retaining accommodation and submits that by application of law including the rulings of Supreme Court as also the directions passed by this Court in a batch of appeals, the petitioner-Rather has lost right of continuation in the Government accommodation or hired accommodation.
The Government refuses entitlement of the petitioner qua the Government accommodation or private hired accommodation as he has lost the status of Minister and also disputes the deposition or acceptance of any rent on account of private accommodation as claimed by the petitioner, provided by the Estates Department. It is said that the only deposition the petitioner is making reference is qua the charges for utilization of furnishing and furniture.
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