Srinagar, Feb 09: The High Court of Jammu & Kashmir and Ladakh Wednesday granted two weeks time to government to file reply to the affidavit regarding a plea filed by National Conference leader and former minister of J&K, Abdul Rahim Rather seeking government accommodation.
A division bench of Justice Ali Mohammad Magrey and Justice Vinod Chatterji Koul directed the government counsel to file reply to a supplementary affidavit regarding deposition of any rent by the petitioner, Rahim Rather, on account of private accommodation provided by the Estates Department.
The bench listed the matter for hearing on March 03, 2022 after the petitioner counsel sought disposal of the matter at the earliest date.
Earlier a plea was filed by the NC leader, Rahim Rather stating that the petitioner on losing the status as minister of government of J&K was allotted private house, namely, Fayaza House, at Friends Colony Humhama, Srinagar, which was extended by the government with effect from May, 01, 2015.
Rather submitted in plea that he is occupying the aforesaid private accommodation since its allotment and is continuously depositing the rent, which as stated, is acknowledged by the Deputy Director, Estates, Srinagar.
He further submitted that he is not claiming continuation of the alleged accommodation as a matter of right as a former minister but due to discretion under drawn in the case when he has threat to his life, which is assessed by the security agencies of the J&K government.
The plea stated that as per clause (e) of Jammu and Kashmir Estates Department (Allotment of Government Accommodation) Regulations, 2004, the petitioner is entitled to accommodation fewer than 5% discretionary quota as a former Legislator and additionally claims such accommodation on the ground of having been assessed as Z+ Category, on the basis of threat.
It was stated before the court that the J&K government cannot by any stretch of imagination deprive the petitioner from the right of protecting his life as guaranteed under Article 21 of the Constitution of India.
“The government is under an obligation to provide not only the security but accommodation also under 5% discretionary quota in terms of provisions of Jammu and Kashmir Estates Department (Allotment of Government Accommodation) Regulations, 2004,” it pleaded.
On the other hand, the government counsel had submitted before the court that the respondents have taken a clear stand qua entitlement of the petitioner for government accommodation or private hired accommodation as he has lost the status of minister.
