The Jammu and Kashmir and Ladakh High Court has asked the administration about the information regarding the nature of the accommodation provided to persons granted security cover because of certain threat perception, and the reasons for doing so on the next date i.e. July 19, 2023.

While referring to its order dated December 26, 2022, a bench of Chief Justice N. Kotiswar Singh and Justice Puneet Gupta observed, “ The report which has been submitted before us does not show any reason why the persons have been given the official accommodation, though they may require security cover”.

Advocate S. S. Ahmed appeared for the petitioner, and Senior AAG S. S. Nanda appeared for the respondent.

The pertinent question that was to be examined was whether a person who is entitled to security cover would also be entitled to Government accommodation.

It was contended by the petitioner, while referring to the Court’s December order that it has been clearly held that the security assessment and entitlement to Government accommodation are two different issues and cannot be intermingled.

Therefore, that would mean that it is not necessary that the person has to be provided the Government accommodation also to a person who has been granted security cover from threat perception, which was also the stand of the Administration in the case.

It was further submitted that even law does not require the government to provide accommodation as well with security cover, and even 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 relevant portion of para (8) of the order dated December 26, 2022 in CM Nos. 7467/2022 & 7468/2022, read as under:

“…3. In response to our query, we are informed that there is no requirement in law for the government to provide accommodation as well to a person who is being provided a security cover.

(4) In any case, even if accommodation was required to be provided in exceptional circumstances, the accommodation of 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.”

Accordingly, the bench listed the matter for next date.

Cause Title: Prof. S. K. Bhalla v. Union Territory of J&K and others

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Chief Justice N Kotiswar SinghJustice Puneet Gupta

Agatha Shukla