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The Hindu
4 days ago
- Politics
- The Hindu
CM office, Raj Bhawan submit separate stands to J&K High Court on Gulmarg lease issue
The J&K Chief Minister's office and the Raj Bhawan on Tuesday (August12, 2025) submitted two separate positions to the J&K High Court that was hearing a Public Interest Litigation (PIL) on Gulmarg, a hill resort in north Kashmir that attracts high-end tourists to the Valley round-the-year. The Division Bench, comprising J&K Chief Justice Arun Palli and justice Rajnesh Oswal, was informed by Senior Additional Advocate General Mohsin-ul-Showkat Qadri that there were two separate replies from the Chief Minister's office and the Lieutenant Governor's office. These were produced before the court in a sealed cover. The court was hearing the PIL on environmental concerns of Gulmarg and the recent eviction of owners of the Nedou's Hotel in Gulmarg after 137 years of possession. Justice Palli and Justice Oswal, while taking note of the two separate replies, decided to hear the case again on August 28, 2025. However, J&K Chief Minister Omar Abdullah expressed displeasure over the Raj Bhawan's move. Talking to The Hindu, Mr. Abdullah said, 'Until recently the L-G has continued to maintain that he only has responsibility for security and Law and Order. Now suddenly he's got involved in this. It's unfortunate that the elected government is sought to be undermined by the unelected government'. Around 55 hotels out of 59 could go under the hammer because of the lack of lease extensions in Gulmarg. The J&K Land Grant Rules-2022, which replaced the J&K Land Grants Rules-1960, introduced by the L-G in 2022 barred extension in case of lease expiry. The L-G administration had asked the outgoing lease holders to evict properties or else face evictions under the new rules. However, the current land holders termed these rules 'exclusive to J&K where the first right to lease-holders has not been granted and revised rates negotiated'. Many leaseholders have already challenged the new rules before the court. During the L-G rule, it was decided that an expert committee will enlist all properties where lease had ended and will be e-auctioned afresh. For the first time, the earlier bar that only locals could apply for lease of land has been done away with. The new rules instead open bidding to 'any person legally competent under Section 11 of the Indian Contract Act, 1872.' In the past, no land in Gulmarg was granted on lease to any person who was not a permanent resident of the erstwhile state of J&K.


Hindustan Times
19-07-2025
- Politics
- Hindustan Times
Arms licence scam; J&K High Court to hear PIL on August 7
A division bench of J&K and Ladakh high court on Friday deferred the hearing into arms licence scam allegedly involving bureaucrats because of paucity of time. The CBI is investigating the infamous arms licence scam that happened between 2012 to 2016 which was transferred to it by the government of J&K in the year 2018 and CBI registered two FIRs. (File) Chief justice Arun Palli and justice Rajnesh Oswal directed the registry to list PIL No.09/2012 (infamous Arms Licences Scam) titled Sheikh Mohd. Shafi & Anr V/s Union of India and others on August 7. When this much publicised PIL came up for hearing, senior additional advocate general (AAG) appearing for UT of J&K informed the division bench that pursuant to order dated April 24, the general administration department (GAD) has filed a comprehensive status report indicating the steps taken as directed by the division bench. Advocate SS Ahmed appearing for the petitioners submitted that he has already received the copy of the said status report filed by GAD. Looking into the importance of the matter, the bench directed the registry to re-list the instant PIL on August 7. The CBI is investigating the infamous arms licence scam that happened between 2012 to 2016 which was transferred to it by the government of J&K in the year 2018 and CBI registered two FIRs. In September, 2024, the division bench then headed by chief justice Tashi Rabstan (since retired) impleaded CBI as a party respondent and the CBI, in its detailed status report, divulged that from 2012 to 2016, various district magistrates in J&K in lieu of monetary considerations in connivance with arms dealers, judicial clerks and middlemen issued 2.63 lakh arms licences to non-deserving persons in contravention of Arms Act and the rules framed thereunder. The CBI after completion of investigation in both the FIRs has sought prosecution sanction against more than nine IAS officers who in their capacity as district magistrates in J&K issued arms licences to the non-deserving persons. So far Government of India has granted prosecution sanction only against one IAS Officer and chargesheet/challan has been filed against the said officer in the designated CBI Court. The J&K government in March, 2021, granted prosecution sanction against the JKAS officers allegedly involved in the arms licences scam and more than 15 charge-sheets have been filed by the CBI in the matter in both the designated courts at Jammu and Srinagar. The PIL has highlighted the rampant corruption in J&K and shielding of higher-ups involved various scams and the lackadaisical approach of J&K Government in forwarding the prosecution proposals to the ministry of home affairs of those involved in various scams, said advocate SS Ahmed. Deputy solicitor general of India Vishal Shamra appeared for Union of India in the matter.


The Hindu
10-07-2025
- Politics
- The Hindu
J&K High Court seeks MHA response on long-term visa status of deported Pakistan woman
The Jammu and Kashmir High Court on Thursday (July 10, 2025) sought a response from the Union Ministry of Home Affairs (MHA) regarding the status of the long-term visa (LTV) application of a 62-year-old housewife who was deported to Pakistan following the Pahalgam terror attack. The petitioner Rakshanda Rashid, a Pakistani citizen married to an Indian, had lived in Jammu for 38 years on an LTV, which was annually renewed. She had applied for citizenship in 1996 but the request has yet to be processed and at the time of deportation, her LTV application was pending with the Ministry. Also read: Home Ministry appeals against J&K High Court order to repatriate woman deported to Pakistan A Division Bench of Chief Justice Arun Palli and Justice Rajnesh Oswal orally asked the Ministry to furnish the reply on July 17, the next date of hearing. The matter could not be argued on Thursday (July 10, 2025), as Solicitor General of India Tushar Mehta, who was to appear on behalf of the Ministry, was busy in another case in the Supreme Court. The petitioner's counsel Ankur Sharma said they hoped a solution within the legal framework. Also read: Bring back woman deported to Pakistan: J&K High Court 'The case could not be argued, but during oral discussion, we conveyed to the court that we want a solution and do not want to take an adversarial position against the government,' said Mr. Sharma. On June 29, the MHA had appealed against a June 6 order by Justice Rahul Bharti, who directed the Union Home Secretary to bring back the petitioner from Pakistan in 10 days. The Ministry said the 'judiciary should not override' the executive's decision to deport a foreign national, adding that the High Court order was constitutionally impermissible and unsustainable, as it directed the enforcement of a judicial writ beyond the sovereign territory of India in Pakistan, where she was deported to, and was thus ultra vires. The Ministry also said that the court's direction was 'legally unenforceable and diplomatically untenable'. Also read | Cause and effect: On human rights, citizenship cases After the April 22 Pahalgam terror attack in which 26 people were killed, the Ministry cancelled the visas of all Pakistani citizens and asked them to leave the country by April 29. The order exempted those with LTVs or Pakistani women married to Indian citizens. The woman was deported despite the Ministry's guidelines stating that Muslim women who are married to Indian citizens and have applied for LTVs are not required to leave the country. Ms. Rashid's daughter Fatima Sheikh had told The Hindu earlier that her mother was taken to the Attari border in Punjab by the Jammu and Kashmir Police and expelled from the country on April 28. She said her mother had applied for an LTV extension in January, yet the leave-India notice served by the police said the application was made on March 8. She said she got emails on April 26 and May 9 from the Foreigners Regional Registration Office (FRRO) that the LTV application was 'under process' and awaiting approval from higher authorities. Ms. Sheikh said her mother had no immediate relatives in Pakistan and was living alone in a hotel with little money.


Hindustan Times
29-05-2025
- Politics
- Hindustan Times
Unauthorised occupation of govt bungalows: Furnish latest status report by July 7, HC tells J&K govt
A division bench of the J&K and Ladakh high court (HC) comprising chief justice Arun Palli and justice Rajnesh Oswal on Wednesday granted last opportunity to J&K government to furnish latest status report pertaining to unauthorised occupation of government bungalows by former chief minister (CM) Ghulam Nabi Azad and former J&K BJP chief Ravinder Raina by July 7. The directions were issued during the hearing of Public Interest Litigation (PIL) seeking eviction of overstaying ex-ministers, former legislators and politicians in government accommodation. The division bench granted last opportunity to senior additional advocate general (AAG) SS Nanda appearing for estates department to furnish the latest status report in terms of order dated March 26 before the adjourned date. The bench stated that failing in complying the directions, chairman of the designated committee would appear before the court or by the virtual mode on the next date of hearing. IGP of the CID is the chairman of the designated committee. During the hearing, petitioner's counsel advocate Sheikh Shakeel Ahmed drew the attention of the division bench towards order dated March 26, wherein the division bench had granted three weeks' time to file the status report with regard to the accommodation. On March 26, senior AAG SS Nanda had submitted that the designated committee is likely to review the allotment of accommodation of the two politicians. Advocate Ahmed further submitted that the March 26 directions of the bench have not been complied with and the designated committee has not reviewed the matter regarding allotment of accommodation to two high profile politicians. He further submitted that the apex court has ruled in catena of judgements that once a public man demits his office then he/she becomes an ordinary person and is not entitled to government accommodation. After considering the submissions of advocate Ahmed, the bench headed by chief justice Arun Palli in the open court expressed concern over the dilatory tactics and observed that this PIL was pending for the last five years.