Court Seeks Disclosure of Uniform Policy and Source of Power Behind Committee's Decision Allowing Retention by Former CM and BJP Leader
In a recent judgment dated October 12, 2026, the Jammu & Kashmir and Ladakh High Court (Division Bench) addressed the contentious issue of unauthorized retention of government residential accommodation by former political functionaries. The petition, filed by Prof. S K Bhalla, challenged the continued occupation of official residences by Mr. Ghulam Nabi Azad, former Chief Minister of Jammu and Kashmir, and Mr. Ravinder Raina, former President of BJP J&K Unit, on grounds of security.
The Court, presided over by Chief Justice Dr. Pushpendra Singh Bhati and Justice Rajesh Sekhri, reiterated the legal stance that mere claims of security do not justify unauthorized occupation of government properties. The petitioner's counsel, Senior Advocate Mr. S. S. Ahmad, referenced prior rulings, including the High Court's December 2022 order which refused protection against eviction based solely on security concerns, and landmark judgments from the Supreme Court in S. D. Bandi v. Divisional Traffic Officer, KSRTC (2013) and the Delhi High Court in Dr. Subramanian Swamy v. Union of India (2022), which support this principle.
Responding to the petition, Senior Advocate General Ms. Monika Kohli submitted a compliance report detailing the process undertaken by the Union Territory administration. She informed the Court that a designated committee reviewed the cases of retention by the two political leaders during its meeting on August 14, 2026, and recommended continuation of their allotments. The competent authority subsequently approved retention until March 2027 or the next review, whichever is earlier.
Despite this, the Court expressed concern over the lack of clarity regarding the existence of a uniform policy governing such retention in the Union Territory of J&K. It questioned the respondents about the legal and policy framework empowering the designated committee to make such recommendations. The Senior AAG sought additional time to file an affidavit outlining the policy and authority under which the retention was sanctioned.
The Court has therefore adjourned the matter to November 12, 2026, seeking detailed disclosure to ensure transparency and legality in the allotment and retention of government accommodation by political figures. This judgment underscores the judiciary's insistence on accountability and adherence to established legal principles in the management of government properties.
Bottom Line:
Government accommodation - Unauthorized retention by political persons on ground of security - Court sought disclosure of uniform policy governing such retention and source of power of designated committee recommending continuation of allotment.
Statutory provision(s): Government accommodation.
Prof S K Bhalla v. Union Territory of J and K, (J&K and Ladakh)(DB) : Law Finder Doc Id # 2998053
