Mahesh Chander Sudan
We, the people of India, are shocked to find a long list of unauthorized occupants of ministerial bungalows and quarters despite the direct intervention of the Division Bench of High Court of Jammu and Kashmir headed by Chief Justice of the High Court and it shows blatant neglect of orders by Estate Department of the Government of Union Territory of Jammu and Kashmir. Division Bench has expressed her deep anguish and termed it intolerable situation sending an absolutely clear message to general public about the conduct of their representatives and senior government officials who failed to vacate public premises and continue to exploit public property illegally for their personal use. It has also pointed out discriminatory attitude of Estate Department towards a particular set of politicians belonging to a particular political party and it all exhibits helplessness of the UT administration to implement vacation of illegally occupied public premises resulting in dereliction of duty by the concerned officials of Estate Department. It presents a classic example of misuse of public property by the powerful persons at the behest of the administration especially in the present circumstances when the Union Territory administration is functioning directly under Lieutenant Governor who is expected to hold the highest office of the state administration above board with zero tolerance to any form of corruption.
It is really a matter of serious concern for poor people of the Union Territory that these leaders across the political spectrum are involved in exploiting public property unauthorized for their personal use where as they were honored with public mandate and solemn faith for representing poor voters in the governance of the state. It not only hurts their faith in the system but questions the integrity of these political leaders who were raised to the status of Dy CMs, Cabinet Ministers and honorable members of the Legislative Assembly and Council of the then state of J&K. They had sought public mandate with due promises to work for the larger welfare of the state and for displaying unflinching loyalty, honesty and integrity but their acts speak contrary and it makes them liable for action as per law of land. They willfully defied the oath of office administered to them before taking over the responsibilities of the post held by them and as such failed to conduct in a manner befitting to their positions. The gravity of the issue becomes more serious when they willfully continue to enjoy unauthorized occupancy even after having been relieved from the posts held by them and in some cases even ordered by Estate department of the State Government. Most of these illegal occupants are active members of the main stream political parties of the UT and some of them are occupying senior positions in the party cadre who are expected to set an example of morality for junior cadre of the party to emulate. These leaders are entrusted with public authority to ensure good people friendly governance for achieving optimum utilization of public resources for the general welfare of the UT and not otherwise.
It is also ironic that these high profile leaders are allowed to continue unauthorized occupancy of public premises with the visible connivance of officials of the Estate Department due to their own vested interests allowing willful damage to public exchequer otherwise there are well established options to recover market rates of rent from these defaulting former ministers, legislators and retired high officials as most of them may be drawing regular pension. We are confident that Divisional bench of J&K high court would lead this case to logical conclusion by ordering forced vacation of involved public premises through UT administration in the larger interest of the justice. However, these public leaders gain authority from larger mandate of the people and the slightest displeasure of the common people will dethrone them ultimately as no person of any political party is allowed to gain misplaced notion of embodiment of all powers in democracy. There are some established remedies in the system to set right such defaulters officially and through public annoyance at large.
The concerned judicial authorities may allow official strictures against these defaulters and their political parties in the interest of law of land and fairness of justice. Besides this, common masses should resist their continuation in the public life as leaders and forgo casting mandate in their favor during elections. Their candidature must be subjected to spotless profiles and any such willful omission of law and order causing damage to public exchequer by holding unauthorized public premises should disqualify them for any future sponsorship by their parent political outfits and by the election commission in case of independent candidates. History is replete with many such cases where the ultimate public annoyance/displeasure was shown to such high headed leaders who failed to abide by law of land.
It is reiterated that the issue was highlighted by author earlier on 09 Jun 2020 through an article published in the Daily Excelsior for public consumption and solicited intervention of Lieutenant Governor of the Union Territory to save public premises from illegal occupancy as a step towards zero tolerance for corruption as being preached by leaders of the ruling dispensation but regretfully not practiced. We, the people of Jammu and Kashmir, have unshakeable faith in the judiciary of the Indian Democracy and do pray for logical conclusion of the case not only to save public property from exploitation but to order concerned Estate Department to ensure seamless implementation of rules and regulations governing allotment/vacation/authorized retention of public premises to avoid recurrence of any such intolerable situation. Let us join hands in strengthening the system to ensure everlasting transparency in public life.
The author is WgCdr (Retd)
feedbackexcelsior@gmail.com
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