DB directs senior AAG to report whether 31 occupants have vacated Govt accomodation
The Diplomat Desk
Jammu,TDD,In the much publicized Public Interest Litigation (PIL No. 17/2020) seeking eviction of Ex-Ministers/Ex-Legislators from the Ministerial Bunglows/A-Type Govt Kothies, today a Division Bench of High Court of Jammu and Kashmir and Ladakh at Jammu comprising Chief Justice Tashi Rabstan and Justice M. A. Chowdhary directed Senior AAG S.S. Nanda appearing for UT of J&K/Estates Department to file fresh Compliance Report indicating as to whether the 31 Ex-Ministers/Ex-Legislators have vacated the Govt accommodation or not as on the last date of hearing dated September 25th,2024 AAG Amit Gupta pursuant to Status Report dated September 11th,2024 had informed the Division Bench that 31 Ex-Ministers/ Ex-Legislators except Ghulam Nabi Azad, Former Chief Minister and Ravinder Raina,State President BJP shall vacate the Bunglows/Houses immediately after the conclusion of the Election Process.
The Division Bench headed by Chief Justice Tashi Rabstan after hearing Advocate S.S. Ahmed with Advocate Supriya Chouhan further observed that the Fresh Compliance Report with regard to Status Report dated 11-09-2024 be filed positively by or before the next date of hearing failing which appropriate orders shall be passed on the next date of hearing.
When this PIL came up for hearing, Advocate S. S. Ahmed appearing for the petitioner submitted that despite the completion of Election Process, the 31 Ex-Ministers/ Ex-Legislators have not vacated the Govt. Accommodation despite having been directed to do so on the basis of the recommendations of the minutes of Designated Committee dated September 2nd, 2024 held under the Chairmanship of IGP(Security), J&K.
Advocate S. S. Ahmed further submitted that undue favour was conferred upon 48 Ex-Ministers/ Ex-Legislators i.e. 23 in Jammu and 25 in Srinagar and it is unfortunate that categoric directions of Apex Court were thrown to winds as these occupants enjoyed proximity with the seat of power.
He further submitted that in the recently held Parliamentary Elections, the Ministers/M.P.s who lost the elections vacated their Bunglows within 7 to 15 days but there is no respect to Apex Court directions in J&K as these 48 Occupants were required to vacate the Govt. Accommodation in 2018 when the Legislative Assembly was dissolved and they lost the status of Ministers/Legislators.
After considering the submissions of Advocate S.S. Ahmed with Advocate Supriya Chouhan, the Division Bench put a specific query to Sr. AAG S.S. Nanda in the Open Court as to whether 31 Ex-Ministers/ Ex-Legislators have vacated the Govt. Accommodation or not, upon which the Sr. AAG was not in a position to make a statement before the Court but submitted that he may be given a short adjournment to come up with a updated status as to whether 31 Occupants have vacated the Govt. Accommodation or not. The names of 31 Occupants disclosed in Status Report dated September 11th,2024 are Zahid Hussain Jan, SS Channi, Abdul Majid Paddar, Zafar Iqbal Manhas, Nizam-ud-Din Bhat, Fayaz Ahmed Mir (EX-MP), Abdul Gani Vakil, Hakim Mohd Yaseen, Mohd Abbas Wani, Abdul Rahim Rather, Bashir Ahmed Dar, Mohd Amin Bhat, Yasir Reshi, M Y Tarigami, Surinder Amberdar, Sajad Gani Lone, Raja Manzoor, Sofi Yousaf, Tariq Hussain Keen, Kavinder Gupta, Sunil Sharma, GM Saroori, Dalip Singh Parihar, Sheikh Ishfaq Jabbar, Sat Sharma, RS Pathania, family of late Rajesh Gupta, Molvi Imran Raza Ansari, Vibodh Gupta, Pardeep Sharma and Neelam Langeh.
It is worthwhile to mention herein that Senior NC Leader A R Rather(Ex-Finance Minister) has earlier moved an application that since long he has vacated the Govt accommodation and his name is required to be removed from the list of the Occupants who are in possession of Govt. Accommodation.
Looking into the importance of the matter, the Division Bench directed the Registry to re-notify the instant PIL on November 7th, 2024.TDD