Review of allotment of accommodation to ex-CM, Sr BJP leader
Excelsior Correspondent
JAMMU, May 28: In the much publicized Public Interest Litigation (PIL) seeking eviction of overstaying ex-Ministers/ex-Legislators/politicians from Government accommodation, a Division Bench of the High Court of J&K and Ladakh comprising the Chief Justice Arun Palli and Justice Rajnesh Oswal has granted last opportunity to Senior AAG S S Nanda appearing for Estates Department/UT of J&K to furnish the latest status report in terms of order dated March 26th, 2025 before the adjourned date failing which Chairman of the Designated Committee would appear before the court in person or by the virtual mode on the next date of hearing.
When the PIL came up for hearing, Advocate Sheikh Shakeel Ahmed with Advocates Rahul Raina, Supriya Chouhan and Adnan Mushtaq Jaral appearing for the petitioner drew the attention of the Division Bench towards order dated March 26th, 2025 whereby the Division Bench on the statement of Senior AAG S S Nanda had granted three weeks’ time to file the status report with regard to two politicians namely Ghulam Nabi Azad, former Chief Minister of the erstwhile J&K State and Ravinder Raina, former President, BJP J&K.
Advocate S S Ahmed further submitted that the directions of the Division Bench dated March 26th, 2025 have not been complied with and the Designated Committee has not reviewed the matter regarding allotment of accommodation with regard to two high profile politicians.
He further submitted that the Apex Court has ruled in catena of judgments that once a public man demits his office then he/she becomes an ordinary person and is not entitled to Government accommodation. Advocate Ahmed further said that in this PIL only, the Division Bench on the basis of Delhi High Court’s judgment in Subramanyam Swamy’s case held that security and accommodation are two distinct factors and similar principle of law is required to be applied in the case of two politicians also.
After considering the submissions of Advocate S S Ahmed, the Division Bench headed by Chief Justice Arun Palli, in the open court, expressed concern over the dilatory tactics and observed, “this PIL is pending for the last 5 years”. The DB put a specific query to Senior AAG S S Nanda as to how much time is required to comply the directions issued by the court on March 26th, 2025.
Senior AAG S S Nanda, at this stage, prayed before the Division Bench for only one opportunity and the Division Bench granted last opportunity to furnish the latest status report in terms of order dated March 26th, 2025 failing which the Division Bench directed that Chairman of Designated Committee would appear before the court in person or by the virtual mode on the next date of hearing.
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