SRINAGAR The security situation has drastically improved in the State since 2007, the state government told Jammu and Kashmir High Court that dismissed a petition filed by political activist against eviction from government accommodation.
The law provides that the correctness of the reasons that prompted the Government to take a decision and take a course of action instead of the other, is not a matter of concern in the judicial review and the Court is not the appropriate forum for conducting such investigations, a bench of Justice Ali Mohammad Magrey said, adding, The scope of the judicial review has to be confined to find out whether the Government decision was against the statutory provisions or violative of the fundamental rights of the citizens of the State. The petition was filed by one Noor Mohammad Bhat, submitting that, being a political activist, he and his other family members were threatened of dire consequences by the militants. Therefore, Bhat, as stated, approached the competent authority for allotment of accommodation in some protected area but that was turned down.
The security situation has drastically improved in the State since the year 2007 and providing of Government accommodation to the petitioner at Srinagar, in such improved situation scenario, is unjustified. It has also been stated that in case there is any threat perception to the petitioner, he can seek protection from IG, Security in pursuance of Government order No. 1655-GAD of 1998 dated 21st of December, 1998.
The Government in its objections stated that Bhat has not come before the Court with clean hands as, on the one hand, he has claimed that there is a threat to his life and liberty as also to his other family members and, on the other hand, he has admitted that he visits his home every weekend and returns back there from on every Monday.
It was stated that mere affiliation of the petitioner or any other person with any political party cannot be made a basis for obtaining allotment of Government accommodation at Srinagar nor can the occupation of Government Accommodation by any other person be allowed to be taken as a ground for allotment of residential accommodation belonging to the Estates Department. The government said Bhat and other similarly circumstanced persons, affiliated with different political parties having threat perception, have an alternate remedy available to approach the Inspector General of Police, CID, of the concerned Division of the State for providing Government accommodation, who, after assessing the threat perception, shall forward his report to the Inspector General of Police, Security. Based on this report of the CID wing, the Inspector General of Police, Security, is the authority who decides whether or not Government accommodation is to be provided to any such person.
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