A division bench of Jammu and Kashmir High court of Chief Justice Gita Mittal and Justice Rajnesh Oswal sought the details of financial implications and other administrative details in order to assess implication of Darbar move.
The Petition before the High Court were represented by Advocates Faisal Qadri, Shah Faisal, Shafqat Nazir, Altaf Naik, Altaf Haqani, Ateeb Kanth, Taha Khalil, Hanan Momin.
J&K Admin was represented by Additional Advocate General Shah Amir. Advocate Monika Kohli appeared as Amicus.
The Darbar move was to take place in the last week of April/ first week of May 2020. It was submitted in the petition that the move which entails the movement of thousands of government officials should be postponed due to COVID-19 pandemic.
The petition also raised concerns about the shifting of capital from Jammu to Srinagar during this situation of pandemic. The petition stated about the violation of social distancing principle and the loss of unwarranted huge expenses.
It was also pointed out that the security personnel who are critically needed for COVID-19 functions and deployments, would also be withdrawn for providing security to the Government personnel, securing VIPs and important persons who would all shift to Srinagar.
The High Court has sought the following details from the J&K Administration:
- Government officials at all levels (position/category-wise) who were involved in the four Darbar Moves in the year 2018 and 2019.
- Move-wise categories/ heads, figures of the finances incurred on the four Darbar Moves for the years 2018 and 2019.
- Move-wise total financial expenditure on these counts in the four Moves for the years 2018, 2019.
The court has also asked for the details of the police personnel who were involved in providing security cover to personnel involved in the Darbar Moves in 2018 as well as 2019. The details of police personals deployed in Srinagar during COVID-19.
The court also heard the matters related to procurement of more safety equipment for healthcare professionals, creation of isolation wards, sample collection, processing, lack of efficient internet facility, the shortage of essential commodities on account of black-marketing and hoarding done by the shop-keepers under the garb of current lockdown as also unwarranted sealing of premises selling essential commodities in the Union Territories of Jammu & Kashmir and Ladakh.
The court also focused on the matter of felling of poplar trees due to pollen. It formed a committee to examine all the aspects in relation to pollen trees and stayed prior order till the competition of orders of the committee.
The court opined:
“In order to enable a considered view to be taken, it is necessary to have firm information with regard to the implications of the Darbar Move in these times; its impact on the necessary resources at this stage; on the personnel involved (positions and number); financial implications; arrangements (transport, accommodation, security etc) involved and other relevant matters. Past experience would lend guidance to our consideration”.
J&K High Court
Read order here:
