The High Court must see that their judgements on matters of wide public importance should not gather dust on Babus tables and ensure its implementation by the authorities without inordinate delay-Advocate Sheikh Shakeel Ahmed
JAMMU: Claiming that post abrogation of Article 370 there is no room for Jungle Raj in newly born Union Territory of Jammu and Kashmir, the Lieutenant Governor Manoj Sinha led administration fails to implement in letter and spirit the judgement of Jammu and Kashmir High Court over eviction of politicians unlawfully occupying government accommodations despite demitting public offices long ago.
Nearly six months have expired when the final judgement on this significant matter was passed on Feb 18th, 2021. Since, then nothing is visible on ground to evict those mentioned as unlawful occupants by the government in its ATR, said Advocate Sheikh Shakeel Ahmed.
In matter involving larger public interest, the Court passed judgment which is sacrosanct to the rule of law and warrants its implementation with utmost priority and transparency. Not adhering to judicial orders only reflects Jungle Raj, says Advocate Ahmed.
Pertinently, taking cognizance of illegal occupation of government accommodations by large number of politicians in contravention of rules of law, JKHC while hearing review petition in case titled State of J&K V/s Mir Saifullah on its own motion had registered PIL No. 24/2020 and subsequently in its direction dated Nov 12, 2020 had ordered the government to file ATR on the cited matter.
In compliance, the Secretary, Estates Department had filed ATR on 26th Nov, 2020 stating that though several former ministers, legislators, retired bureaucrats and political persons have vacated the accommodations after they were served with eviction notices.
However, 74 former ministers, legislators, retired officers and politicians are still unlawfully residing in Ministerial Bungalows and A, B, C type special quarters at Srinagar/Jammu which were commensurate with the office(s) held by them earlier and much beyond their present entitlement.
The list includes name of family of late former CM GM Shah (ANC), Ch Lal Singh (former BJP Minister), Kavinder Gupta (Ex-Deputy CM BJP), Sunil Sharma (BJP), Ravinder Raina (BJP President), Shakti Raj Parihar (BJP), Bali Bhagat (BJP), GM Saroori (Cong), Neelam Langeh (Ex-MLA), Daleep Singh Parihar (BJP), Sat Sharma (Ex-MLA), Ch Sukhnandhan (BJP), R.S.Pathania (BJP), Ali Mohd Sagar (NC), Abdul Majeed Paddar(PDP), Abdul Rehman Veeri(PDP), Zahoor Mir (PDP), Nizamudin Bhat (PDP), Mir Fayaz (PDP), Mohd Khalil Bandh (PDP), Rajesh Gupta (BJP), Vibodh Gupta (BJP), Hakeem Mohd Yaseen ,GN Hanjoora, Zaffar Iqbal Manhas, Abdul Rahim Rathar (PDP), Yassir Reshi (PDP), Haji Abdul Rashid (PDP) , Ch Mohd Ramzan (NC), Ab Rahim Rathar (NC), Shameema Firdous (NC) besides several others.
Surprisingly, the list also contain names of ten petty political entities favoured with government accommodations despite the fact they never ever held any public office in their life time.
Consequently, the Division Bench comprising Justice Ali Mohd Magray and Justice Vinod Chatterji Koul while delivering final judgement in PIL No 24/2020 on Feb 18, 2021 had ordered the government to strictly implement the directions passed by this court from time to time for eviction of unauthorized occupants from government accommodations.
“The Chief Secretary of the Govt of J&K and the Secretary to Govt of J&K, Estates Dept, shall take all possible steps for ensuring eviction of the illegal/unauthorized occupants from Govt accommodations including ministerial bungalows & special houses in tune with the mandate of law provided by Hon’ble Supreme Court in the two judgments” reads second para of the judgement.
Interestingly, these ex-legislators were allowed to continue with occupancy of government accommodations in contravention of judgement of Apex Court as well as HC despite the fact that many of them are affluent and capable of affording private accommodations, said Advocate Sheikh Shakeel Ahmad.
Ahmed also blamed the estates department allegedly for initiating lopsided eviction drive. “Eviction drive was prompt in case of staunch ex legislators of NC, Cong, PDP and JKNPP but the same was devoid of enthusiasm in case of BJP ex-legislators besides those shifted their loyalty either to JKAP and PC” added Advocate Ahmed.