Expressing displeasure over the reasons given by the Union Territory administration for allowing former legislators and retired bureaucrats to occupy ministerial bungalows, the Jammu and Kashmir High Court directed the government to submit a fresh report giving motives for providing palatial bungalows to ex-ministers and former MLAs.
The Division Bench of High Court of J&K & Ladakh comprising Chief Justice N. Kotishwar Singh and Justice Puneet Gupta directed the UT Administration to apprise the Court as to the nature of the accommodation provided to ex-Ministers, MLAs, and former bureaucrats as also the reasons for doing so by the next date of hearing.
Sharing details of the Court's direction, advocate Sheikh Shakil Ahmed said that the government has been directed to submit the report during the next hearing on July 15.
The Division Bench at the outset, while observing the report regarding security threats to these politicians, asked, "Whether a person who is entitled to security cover would also be entitled to Government accommodation as these are the two separate issues?"
The court passes these directions while hearing PIL
These directions were passed by the Court in the much-publicized Public Interest Litigation (PIL No. 17/2020) highlighting the unauthorized occupation of ministerial bungalows by the ex-ministers, and MLAs at Jammu/Srinagar. The PIL sought directions from the Court to the Estates department to ensure the eviction of the illegal occupants.
Advocate Ahmed appearing for the petitioner also submitted that there is no requirement in law for the government to provide accommodation as well to a person who is being provided a security cover.
Advocate Ahmed further submitted that, even if the accommodation was required to be provided in exceptional circumstances, the accommodation to be provided to a former Chief Minister/Minister or a retired bureaucrat cannot be the same after he ceases to occupy the office as he was occupying when he was in office.
The majority of such unauthorized occupants in the list belong to the BJP.
Following High Court's directions, the government of Jammu and Kashmir in April this year submitted a list of former ministers, ex-legislators, and political persons, who unauthorisedly continue to occupy government bungalows and quarters in the twin capital cities of Jammu and Srinagar.
There are a total of 49 such former ministers, ex-legislators, and political persons, who continue to occupy the government bungalows and quarters in the twin capital cities of Srinagar and Jammu despite the fact that the last elected government (of PDP-BJP) in J&K ceased on June 19, 2018.
The majority of the politicians, who continue to occupy official bungalows, belong to BJP.
