AAG produced individual Orders of 43 Overstaying Occupants in Sealed Cover_
Jammu: In the much publicized Public Interest Litigation (PIL No.17/2020) seeking eviction of Ex-MLAs/Ex-Ministers from the Ministerial Bungalows/Govt. accommodations, a Division Bench of the High Court of J&K and Ladakh at Jammu comprising Chief Justice (Acting) Tashi Rabstan and Justice Puneet Gupta directed AAG Amit Gupta appearing for UT of J&K (Estates Department) to file the affidavit containing 43 individual Orders of the Overstaying Occupants in compliance to the orders of the Division Bench dated March 3, 2024 before the Registry who shall keep the same ‘as it is’ with the PIL.
When this PIL came up for hearing, Advocate Sheikh Shakeel Ahmed with Advocates Rahul Raina, Supriya Singh Chouhan and Mohd. Zulkarnain Choudhary appearing for the PIL submitted that pursuant to order dated April 3rd,2024 the Director Estates Jammu and Director Estates Srinagar were under an obligation to pass individual orders of Cancellation of Allotment/Re-Allotment in respect of 43 occupants after hearing them.
Advocate S.S. Ahmed further submitted that 43 occupants are being allowed to stay in the Government accommodation illegally and in contravention of the law laid down by the Supreme Court of India in its several pronouncements. He further submitted that till date both the Directors have not placed on record 43 individual orders and this is gross contempt of the orders passed by the Division Bench on April 3rd, 2024 then headed by the Chief Justice N. Kotiswar Singh (now Judge, Supreme Court of India).
Advocate S.S. Ahmed vehemently argued that there are two laws in the U.T. of J&K, as the Estates Department evicted more than 180 politicians from Government accommodation including former Chief Ministers but undue favour has been extended to 43 occupants who are close to the corridors of the Power. He further submitted that those who lost elections in the recent Parliamentary Elections were asked to vacate their Bungalows within 15 days but there is no law for 43 Overstaying occupants enjoying Ministerial Bungalows in twin Capital cities of J&K.
Advocate S.S. Ahmed further submitted that the Division Bench must initiate Suo Moto Contempt proceedings against the Secretary Estates, J&K Government and both the Directors of Estates Department as a Division Bench of High Court of J&K at Srinagar on February 18th, 2021 in WP(C) PIL No. 24/2020 had directed the Chief Secretary, J&K Government and Secretary, J&K Estates Department to take all possible steps for ensuring eviction of the illegal/unauthorised occupants (former Ministers/Legislators/Retired Officers/Political Persons) from Government accommodation including Ministerial Bungalows/Special Houses (A-Type, B-Type and C-Type Quarters), in tune with the judgements passed by the Supreme Court of India.
At this stage, AAG Amit Gupta produced in the open Court two sealed covers containing affidavit/compliance report along with the record containing 43 individual orders before the Division Bench.
Advocate S.S. Ahmed pointed out that there was no direction from the Division Bench to produce the 43 individual orders in the ‘Sealed Cover’ and he further submitted that the Chief Justice of India Justice D.Y. Chandrachud has recently deprecated the practice of filing documents in ‘Sealed Covers’.
Advocate S.S. Ahmed in the open Court submitted that he is pursuing this public cause on behalf of the petitioner since August, 2020 and he has a right to have a copy of the record packed in the ‘Sealed Cover’ so that proper assistance is rendered to the Division Bench.
The Division Bench headed by Chief Justice (Acting) Tashi Rabstan,J. after considering the submissions of Advocate S.S. Ahmed in the open Court remarked that there was no direction from this Court to submit the individual orders in a ‘Sealed Cover’ and directed AAG to file the affidavit before the Registry who shall keep the same ‘as it is’ and AAG Amit Gupta was further directed to furnish a copy of the affidavit to Advocate S.S. Ahmed within a week’s time, who shall file his response before the next date of hearing. The Division Bench also directed AAG Amit Gupta to furnish to the court the outcome of the review committee meeting before the next date.
Looking into the Public Interest involved in the matter, the Division Bench directed the Registry to renotify the instant PIL on September 13, 2024.