In the much publicized Public Interest Litigation (PIL No. 17/2020) seeking eviction of overstaying Ex-Ministers/Ex-Legislators/Politicians from Government Accommodation, a Division Bench of the High Court of J&K and Ladakh at Jammu comprising the Chief Justice Arun Palli and Justice Rajnesh Oswal in a significant order has granted last opportunity to Sr. AAG S.S. Nanda appearing for Estates Department/UT of J&K to furnish the latest Status Report in terms of order dated March 26th, 2025 before the adjourned date and failing which the Division Bench directed that the Chairman of the Designated Committee would appear before the Court or by the virtual mode on the next date of hearing.
When this PIL of wide public importance came up for hearing before the Division Bench headed by the Chief Justice Arun Palli, Advocate Sheikh Shakeel Ahmed with Advocates Rahul Raina, Supriya Chouhan and Adnan Mushtaq Jaral appearing for the petitioner drew the attention of the Division Bench towards order dated March 26th, 2025 whereby the Division Bench on the statement of Senior AAG S.S. Nanda had granted three weeks’ time to file the Status Report with regard to two politicians namely Ghulam Nabi Azad, Former Chief Minister of the erstwhile J&K state and Ravinder Raina, Former President, BJP J&K as Senior AAG S.S. Nanda had submitted at the bar that the Designated Committee is likely to review the allotment of accommodation of the said two politicians.
Advocate S.S. Ahmed further submitted that the directions of the Division Bench dated March 26th, 2025 have not been complied with and the Designated Committee has not reviewed the matter regarding allotment of accommodation with regard to two high profile politicians.
Advocate S.S. Ahmed further submitted that the Apex Court has ruled in catena of Judgements that once a public man demits his office then he/she becomes an ordinary person and is not entitled to Government Accommodation. Advocate Ahmed further submitted that in this PIL only, the Division Bench on the basis of Delhi High Court’s Judgment in Subramanyam Swamy’s case held that security and accommodation are two distinct factors and similar principle of law is required to be applied in the case of two politicians also.
After considering the submissions of Advocate S.S. Ahmed, the Division Bench headed by Chief Justice Arun Palli in the open court expressed concern over the dilatory tactics and observed that this PIL is pending for the last 5 years and put a specific query to Senior AAG S.S. Nanda as to how much time is required to comply the directions issued by this Court on March 26th, 2025. Senior AAG. S.S. Nanda at this stage prayed before the Division Bench for only one opportunity and the Division Bench headed by Chief Justice Arun Palli granted last opportunity to Senior AAG S.S. Nanda to furnish the latest status report in terms of order dated March 26th, 2025 failing which the Division Bench directed that Chairman of Designated Committee would appear before the Court or by the virtual mode on the next date of hearing.
Looking into the importance of the matter, the Division Bench directed the Registry to re-notify the instant PIL on July 7th, 2025.