Excelsior Correspondent
SRINAGAR, Aug 17: High Court has directed the senior National Conference (NC) leader and former Minister Abdul Rahim Rather to represent the authorities for Govt accommodation.
Disposing of the plea of petitioner-Rather, the Division Bench of Justice Ali Mohammad Magrey and M A Chowdhary directed that the petitioner-Rather shall make a detailed representation along with supporting documents before the Director Estates within one week from today.
Court also directed the Member Secretary of the Committee to convene a meeting of the Committee with the approval of the Chairman on 31st August , 2022 , and place the case of the petitioner before the Committee, constituted in terms of Government Order No. 35 – Est of 2016 dated 31.03.2016 , comprising of ADGP (Security) J&K, DC Srinagar , Director Estates, J & K and SSP (Security) Srinagar for fresh examination and consideration qua allotment of accommodation in favour of petitioner keeping in mind the mandate of Regulation 4 (e) of the Regulations, 2004.
“The Committee shall submit the report within a period of one month to the Government and the Government shall take a decision within one month thereafter and the total exercise as directed shall be completed within a period of two months from today”, reads the judgment
Court as interim relief to petitioner-Rather clarified that till the recommendations are received from the Committee and necessary orders passed, he would be allowed to retain present accommodation or alternate Government accommodation.
The petitioner on losing the status of Cabinet Minister in the erstwhile State of Jammu and Kashmir, surrendered the ministerial Bunglow immediately and was on consideration by the respondent Estates Department provided hired Government accommodation in the capacity as former Legislator.
While in possession of the Government accommodation, he is asked to vacate the present on the recommendation of the Committee constituted under the directions of this court.
Court had pointedly asked the Govt Advocate to show from the records that petitioner-Rather was heard by the Committee or had filed any representation in terms of court Judgment, though records were produced but there is no such material available in the records, which demonstrates that the petitioner has been heard by such Committee in compliance to the directions passed in batch of writ petitions in which petitioner was not a party there.
When asked to Govt counsel to place the norms and criteria adopted for retention of accommodation by some former legislators and decision of eviction of other former legislators, but no such criteria was placed before the court.
However, he submitted that fresh requests of political persons are assessed on the threat perception reports from CID Hqrs, report from their respective Deputy Commissioners about secured accommodation if any provided by the District Authorities and report from SSP Security J & K regarding their secured hotel accommodations, if any, and report as to their owning private houses in Srinagar or Jammu.
Since no material was placed before the court about the decision of the Committee, regarding the case of the petitioner-Rather as having examined the same, therefore, court said the respondents are required to place his case before the Committee afresh for seeking recommendation.
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