J&K HC Seeks Financial & Administrative Details Of Past Years' Darbar Move To Decide Viability Of Shifting Capital To Srinagar Amid Lockdown [Read Order]

The bench has asked the UT administration to apprise it with the previous years' data so it can take an informed decision on the viability of opening the "Darbar Move".

"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," the bench comprising of Chief Justice Gita Mittal and Justice Rajnesh Oswal observed while directing the Registrar General of the High Court to place a report on relevant aspects of the Darbar Move before the next date of hearing.

The order has been passed in the backdrop of announcement of formal opening of the Darbar Move from last week of April 2019/ 1st week of May, 2020, by the UT administration on Friday.

During the course of hearing being conducted via video conferencing, Advocate Shafqat Nazir appearing for the Petitioner pointed out that the Move involves shifting of thousands of Government personnel at all levels and the shifting of complete administrative machinery, records etc. this in turn would cause "unnecessary squandering" of financial resources of the Government and will also violate the requirements of social distancing.

He thus urged the court that the Move be postponed till COVID-19 infection issues have been addressed and the matter is under full control with mobility restored after removal of lockdown.

Further, Advocate Faisal Qadri also appearing for the Petitioner submitted that if the administration shifts from Jammu to Srinagar at this point, the security personnel who are critically needed for COVID-19 functions and deployments, as also transport vehicles, would need to be withdrawn for providing security to the Government personnel, securing VIPs and important persons who would all shift to Srinagar.

The Advocates also contended that there is a possibility of persons moving, carrying infection.

Based on these submissions, the bench has sought 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, etc.

Accordingly it has directed:

• The Secretary, General Administration Department, Union Territory of J&K to provide details of the government officials at all levels (position/category-wise) who were involved in the four Darbar Moves in the year 2018 and 2019.
• The Secretary, Finance Department, Union Territory of J&K to provide Move-wise categories/ heads, figures of the finances incurred on the four Darbar Moves for the years 2018 and 2019.
• The Secretary, Finance Department, Union Territory of J&K, to provide details of the financial benefits (as Move Allowance; Temporary Move Allowance and any other) admissible to the employees, in the four Moves for the years 2018, 2019 be provided.
• The Director General of Police, J&K to provide 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. He will also provide the number of police personnel who have been detailed on COVID-19 related issues and duties in Srinagar.
• The Secretary, Estate Department to provide details of the accommodation belonging to it as well as that which was hired houses, hotels, guest houses etc. for providing accommodation to personnel involved in the Darbar Moves in 2018 as well as 2019.
• The Secretary, Estate Department of the Union Territory of J&K to also provide information of the rate wise and total expenses which were incurred in hiring facilities for making available accommodation to the personnel who had to make the four moves between Jammu and Srinagar (and vice versa) in 2018 and 2019.
• The Secretary, Transport Department/ concerned Department to provide details of the transportation which was required for effecting the Darbar Moves in the nature of trucks for transporting records etc and the officials as also transportation which is hired for transporting the officials effecting the moves. Details of this transportation as well as the expenditure incurred in the four Darbar Moves in 2018 and 2019 shall be provided.
• The IGP (Traffic) to provide details of special arrangements (whether blockage of the highway for other traffic) which have been made for the four Darbar Moves in 2018, 2019 on the National Highway-44 (Jammu-Srinagar stretch) and the dates thereof.
• ADG (Security) to provide details of security arrangements which were effected on the National Highway, Jammu and Srinagar for the four Darbar Moves in the years 2018, 2019.
• The Secretary, Estates Department to submit a report with regard to the current status of the Hotels/Guest Houses/Residential facilities which are used for housing personnel on the Darbar Move.

The matter is now listed for consideration on April 16.

Inter alia, the bench also addressed various other aspects related to the COVID-9 pandemic and consequent lockdown.

The court has sought reports on the availability of essential commodities amid the lockdown. It has also asked the UT administration to file a status report on the issue of restoration of 4G internet services in the valley.

Case Details:

Case Title: Azra Usmail v. Union Territory of Jammu and Kashmir

Case No.: WP(C) PIL no. 4/2020

Quorum: Chief Justice Gita Mittal and Justice Rajnesh Oswal

Appearance: Advocates Faisal Qadri, Shah Faisal, Shafqat Nazir, Altaf Naik, Altaf Haqani, Ateeb Kanth, Taha Khalil, Hanan Momin (for Petitioner); Additional Advocate General Shah Amir (for UT administration); Advocate Monika Kohli (Amicus Curiae)

Click Here To Download Order

Read Order