HC Seeks Information From J&K Govt On Adherence To Policy Guidelines While Issuing ST Certificates Amidst Allegations Of Procedural Lapses

Passing directions to this effect Justice Wasim Sadiq Nargal observed,

“.. this Court deems it proper to request learned Advocate General to apprise this Court whether the policy formulated through the medium of the aforesaid communication is being followed in its letter and spirit or in breach and also apprise this Court with respect to the steps taken by the Government in furtherance of the said policy”

The case was brought to the court by the Gujjar Bakerwal Association Ganderbal, through its president Mohd Ibrahim Chichi. The association, sought a writ of mandamus to compel the respondent administration to produce records related to ST certificates issued since February 10, 2023, and to quash certain certificates issued under questionable circumstances.

On July 8, 2024, the court had directed Sr AAG Mr. Mohsin Qadri, to report instructions regarding the petition's subject matter. Subsequently, on July 10, 2024, Senior AAG was asked to keep relevant records available. Despite these directions, responses from the respondents were incomplete, prompting further orders from the court on July 15, 2024, to file responses in all related petitions. However, compliance was still lacking as of today's hearing, leading to an urgency expressed by the petitioners' counsel.

The petitioners, represented by Senior Advocate Mr. Syed Faisal Qadri and Mr. Shahbaz Sikander, contended that the issuance of ST certificates was marred by procedural irregularities and non-adherence to policy guidelines. They emphasized the need for strict compliance with the government's policy issued on February 10, 2023, by the Department of Tribal Affairs, which mandates thorough verification before issuing ST certificates.

On the other hand, the respondents, represented by Advocate General Mr. D.C. Raina sought additional time to comply with court orders and file their responses. They were tasked with justifying the issuance of ST certificates in alignment with the stipulated guidelines.

Justice Wasim Sadiq Nargal highlighted significant concerns regarding the adherence to the policy on ST certificate issuance. The court observed that despite clear directives from the government, there were lapses in compliance by district officials, particularly in Ganderbal.

The court further underscored the government's policy, which stipulates that any ST certificate issued without proper documentation would be the personal responsibility of the issuing Tehsildar.

Acknowledging the urgency of the matter, as expressed by the petitioners' counsel, given the potential misuse of improperly issued certificates the court requested the Advocate General to provide a comprehensive report on the government's adherence to the policy and the measures taken to ensure compliance.

The court has set the next hearing for July 30, 2024, by which time the Advocate General is expected to furnish detailed information regarding the subject.

Case Title: GUJJAR BAKERWAL ASSOCIATION GANDERBAL Vs DIVISIONAL COMMISSIONER KASHMIR AND ORS.

The petitioners were represented by Mr. Syed Faisal Qadri, Sr. Advocate Mr. Shahbaz Sikander, Advocate. Mr. D. C. Raina Advocate General with Mr. Mubeen Wani, Dy. AG Mr. Azharul Amin, Advocate Mr. Umar Rashid, Advocate appeared for the respondents

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