Srinagar- The High Court of J&K and Ladakh on Friday quashed communication issued by Commissioner Secretary Rural Development and Panchayati Raj last year whereby a number of contractors were barred from carrying out works in the department for their kin in the past had been involved in anti-national activities.
“…..I find merit in these petitions and the same are, accordingly, allowed” a bench of Justice Sanjeev Kumar while allowing petitions filed by a number of constrictors against communication bearing No.PS/Commr/Secy/RDD-J/79/2023 dated 15th March, 2023, issued by Commissioner/Secretary to Government, Department of Rural Development and Panchayati Raj.
“The respondents (authorities) shall permit the petitioners to participate in the tendering process, if they are otherwise eligible, the impugned communication dated 15th March, 2023, notwithstanding.”
The court said that it cannot remain mute spectator to such a blatant violation of fundamental rights of the citizens.
“It may not be out of sync to point out that with a view to rehabilitating ex-militants/surrendered militants, the Government of Jammu and Kashmir has been promulgating rehabilitation policies. I am reminded of issuance of Government Order No.Home-1376(IAS) of 2010 dated 23.11.2010 laying down the policy and procedure for return of ex-militants to Jammu and Kashmir State,” the court said, adding, “As the preamble of the policy suggests, the policy was intended to facilitate return of ex-militants who belonged to the J&K State and had crossed over to POK/Pakistan for training in insurgency but later gave up insurgent activities due to change of heart”. Similar policy was also promulgated by the Government for rehabilitation of surrendered militants, the court said.
“They were not only provided cash assistance but were also given vocational training. Reference in this regard can be made to Government Order No.Home-55/H of 2004 dated 31.01.2004.”
The intent and objective of the rehabilitation policies issued by the Government from time to time was to bring the misguided youth and others, who had strayed into militancy but had realized their mistake, into mainstream, the court said.
“The impugned communication issued by the then Commissioner/Secretary to Government Rural Development Department and Panchayati Raj is clear onslaught on the well thought after and wise decisions taken by the Government to bring peace and normalcy in the then State of Jammu and Kashmir, now Union Territory of Jammu and Kashmir,” the court said, adding, “I have not been able to discern the thought process that might have gone into the mind of the then Commissioner/Secretary to issue such communication. Was it intended to make the petitioners to starve or take up activities prohibited by law. They were debarred from executing works of the Rural Development Department on a flimsy ground that their uncle or even father’s uncle 10/20 years back were involved in anti-national activities.” As is evident from the CID report, the court said, most of the relatives of the petitioners (contractors) have either died or surrendered to make a new beginning as law abiding citizens of this Country.
“To conclude, I deem it relevant to point out that the impugned communication, which is in clear violation of Article 19(1)(g) and Article 21 of the Constitution of India, has put the petitioners to serious prejudice as they have been deprived of their right to participate in the process of allotment of contracts by the Department of Rural Development,” the court said, adding, “It is not clear as to whether similar communications have also been issued by the other government departments.”
The Court also found it a matter of very serious nature and is of the considered opinion that the then Commissioner/Secretary to Government, Department of Rural Development and Panchayati Raj, who has issued the communication, showing complete disregard to the law deserves to be proceeded against.
“Let a copy of this judgment be placed before the Chief Secretary of the Union Territory of Jammu and Kashmir, for initiating departmental action against the concerned Commissioner/Secretary,” the court said, adding, “A report with regard to action taken against the then Commissioner/Secretary to Government, Department of Rural Development and Panchayati Raj shall be submitted by the Chief Secretary to this Court within a period of two months from the date a copy of this judgment is served upon the Chief Secretary.” For this purpose only, the matter shall be listed before this Court on 29.07.2024, the court added.
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