Private Contractor Blacklisted For Failing CID "Security Test" Gets Stay From Jammu & Kashmir High Court

In an interim relief to a private contractor, the Jammu and Kashmir and Ladakh High Court has stayed the Govt communication blacklisting him for allegedly failing the security test conducted by the Criminal Investigation Department of Jammu.

The GO has affected about 300 private contractors. However, the petitioner claimed the only allegation against him is that his brother is involved in some sessionist activities and had remained under detention for 3 years.

The order was issued by the Commissioner Secretary to Rural Development Department of J&K ordering the Department's Director not to issue government contracts to those enlisted. The stay will operate qua the petitioner alone.

The order to this effect was passed by a bench comprising Justices MA Chowdhary.

Petitioner through Advocate Umar Rashid Wani submitted that he is a registered "A" class civil contractor and the contractor cards was issued to him by the administration after proper verification. He submitted that the Deputy S.P (SS) For Spl. DG, CID, J&K Jammu had submitted a verification of his character & antecedents in January 2023 & the report clearly reflects that there is nothing adverse against the petitioner.

However, the petitioner added that the said report states that the brother of the petitioner had crossed LOC to POK for obtaining illegal weapon training in 1994 & infiltrated back in 1995, in same year he was arrested by Security Forces & remained detained for 3 years and it was in view of this he had been Blacklisted.

Wani submitted that the impugned order was passed without any opportunity of hearing to the petitioner, threatening his right to livelihood.

Considering the contentions, Justice Chowdhary observed,

"Prima facie, a case is made out for indulgence by this Court at this stage. Meanwhile, subject to Objections from the other side and till the next date of hearing before the Bench, the impugned communication: dated 15 of March, 2023 shall stay qua the Petitioner"

Accordingly the court listed the matter again on 17 May for further consideration.

Case Title: Ali Mohammad Sofi Vs UT of J&K.

Counsel For Petitioner: Mr Umar Rashid Wani

Click Here To Read/Download Order