Government accommodation for former Ministers, Politicians: Jammu & Kashmir High Court seeks explanation from UT

The High Court of Jammu and Kashmir and Ladakh on Tuesday reiterated concerns over the unauthorised occupancy of former ministers in government accommodation and ministerial bungalows, despite their having ceased to hold office. [Prof. S. K. Bhalla V/s Union Territory of J&K and others].As per a report submitted by the government, about 48 such politicians presently continue to occupy government accommodation in Jammu and Kashmir..The bench of Chief Justice N Kotiswar Singh and Justice Puneet Gupta, however, noted that the report did not show any reason why such persons have been given official accommodation, even if they may continue to require security cover..The Court added that the report did not disclose whether a person who is entitled to security cover would also be entitled to government accommodation. These are two separate issues, the Court said.."Even if 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 his ceasing to occupy the office as he was occupying when he was in office," the Court observed..The Court proceeded to direct the administration of Jammu and Kashmir to submit details on the nature of the accommodation still being provided to such former ministers, Members of the Legislative Assembly (MLAs), Members of a State Legislative Council (MLCs), and former bureaucrats, as well as the reasons for doing so. ."We, therefore, would like to know from the administration as to the nature of the accommodation provided to these persons and the reasons for doing so by the next date", the Court's order stated..Advocate SS Ahmed, appearing for the petitioner, submitted that there is no requirement in law for the government to provide accommodation only because a person is also being provided security cover. He contended that the 48 persons referred to in the government's report were enjoying the government accommodation occupation illegally..Ahmed has also highlighted that the estate department of the government has been selective in carrying out evictions of such politicians. He contended that many former ministers and former legislators belonging to a particular political party and having access to the corridors of power have not been picked up for the eviction drive. The Court was informed that 107 political persons have been evicted from government accommodation at Jammu..The matter has been posted for further hearing on July 7, 2023..The Court was hearing a public interest litigation (PIL) case raising concerns over the occupation of the government houses by former ministers, MLAs, MLCs, political persons, Members of Parliament (MPs), bureaucrats, etc. after they ceased to hold any official position. .In earlier orders, the Court had noted that some of such politicians were also provided with security cover besides other benefits, adding that this system has been going on for years together despite Supreme judgments stating that government houses cannot be allotted to such persons. .On a related note, in 2021, another bench of the Jammu and Kashmir High Court, comprising former Chief Justice Ali Mohammad Magrey and Justice Vinod Chatterji Koul, directed the government to take all necessary steps to evict former ministers, legislators, retired officers and politicians from government accommodation and ministerial bungalows..Jammu & Kashmir High Court directs Govt to evict former ministers, legislators who are in illegal occupation of govt bungalows.“It is very unfortunate that some former ministers, legislators, retired officers and politicians have illegally and unauthorizedly managed to continue to stay in the residential accommodations provided to them by the Government of Jammu and Kashmir, though they are no longer entitled to such accommodation," the Court had remarked, at the time..[Read Order]