Jammu & Kashmir High Court restores dismissal of policeman accused of militant links

The High Court of Jammu and Kashmir and Ladakh recently upheld the dismissal of a police constable who was removed from service without a full-fledged departmental inquiry after he was alleged to have militant links.

In the May 30 judgment, a Division Bench of Justice Sanjeev Kumar and Justice Sanjay Parihar observed that it cannot remain oblivious to the ground situation that was prevailing in Jammu and Kashmir around the time when the constable was dismissed from service.

"The integrity and sovereignty of the country has always been put on peril by the proxies of our neighbouring country. In a bid to disintegrate our nation by creating terror and promoting dissatisfaction amongst the people of the Valley against the Government of India, the enemy has been using multiple tools and strategies," it added.

It went on to note that militants are known to rope in security and intelligence personnel as part of their plans to disintegrate India. It added that the police constable, in this case, appeared to be one such pawn.

"Several Government employees at different levels, including those working in security and intelligence agencies, were roped in by the enemy country to achieve its nefarious design of disintegrating this country.The respondent was one such pawn in the hands of the enemy who had been persuaded to act not only against his employer but also against his country for extraneous reasons and considerations," the Court said.

The police officer in question, Ghulam Mohammad Tantray, was accused of being in contact with a Pakistani militant, and arranging a hideout for him, from where two hand grenades were seized after a search.

The Jammu and Kashmir Administration had initially initiated a departmental inquiry against the constable in 2004. However, it later chose to get the Governor's assent to dismiss him from service without completing the departmental inquiry.

He was dismissed from service in 2007 by invoking Section 126 (2)(c) of the Constitution of Jammu and Kashmir (corresponding to Article 311(2) of the Constitution of India). This provision allows the dismissal of a public servant without a departmental enquiry, if the Governor is satisfied that in the interest of the security of the State, it is not expedient to hold such inquiry.

The government explained that since Tantray was accused of having militant risks, it was not feasible to conduct the departmental inquiry since witnesses may be reluctant to testify in such a case, and since those conducting the inquiry, as well as their family, may also face life threats.

Tantray challenged his dismissal from service before the High Court. A single-judge Bench of the Court granted him relief in 2011, holding that the government was not able to justify its decision to do away with a departmental inquiry. The single-judge, therefore, set aside the constable's dismissal from service.

The Jammu and Kashmir government challenged this ruling before a Division Bench of the Court.

On May 30, the Division Bench allowed the appeal filed by the Union Territory administration and set aside the single-judge's 2011 judgment.

The Division Bench found that the single-judge Bench had dealt with the matter in a “slipshod manner” and ignored abundant material available on record to justify the government’s decision to dispense with a departmental inquiry.

The Bench noted that the former cop's alleged activities were considered a grave threat to the security of the State and that the government had sufficient material before it to conclude that holding a regular inquiry was not expedient.

Holding that the government had acted on relevant material and in accordance with constitutional provisions, the Division Bench set aside the single judge’s and restored Tantray’s dismissal from service.

Senior Additional Advocate General Mohsin Qadri appeared for the Jammu and Kashmir administration.

Senior Advocate Syed Faisal Qadiri, assisted by Advocates Mir Adhan Zahoor and Salih Pirzada, appeared for Ghulam Mohd Tantray.

[Read Judgment]