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HC directs AAG to produce entire record pertaining to case
Cancellation of State Subjects of 136 persons
9/4/2015 11:47:19 PM
Early Times Report

Jammu, Sept 4; Justice Tashi Rabstan has issued Notice to the State through Commissioner/ Secretary Revenue Department, Commission of Inquiry also called the State Subject Inquiry Commission headed by retd Justice A Q Parrey and Crime Branch J&K.
Court directed the Addl Advocate General for the state to produce the entire record pertaining to the case on the next date of hearing, which the Court has fixed in the week commencing 7.9.2015.
This Order was passed in a petition filed by Dev Anand Kalra, through Advocates A K Sawhney and Aseem Sawhney, wherein the petitioner has challenged the Govt Order no.101- Rev (PRC) of 2015 dated 25.06.2015 passed by the Commissioner/ Secretary to Govt Revenue Department. whereby Permanent Resident Certificates of 136 people have been canceled by the Govt.
Adv A K Sawhney while making submissions before the High Court submitted that the impugned order violates the Legal and Fundamental Rights of the Petitioner and urged that vide impugned has cancelled the Permanent Resident Certificate of the petitioner, without affording the petitioner any opportunity to be heard, present his version, to cross- examine any witness or to produce any record in his support. Virtually the petitioner has been condemned un heard both by the Govt as well as the State Subject Inquiry Commission.
The counsel urged that in the present case on the arbitrary, illegal and malafide report of the Respondent No.2, the Respondent No.1 has exercise powers most probably under section 6 of the Act read with Rules 7 and 8 of the Rules but has committed grave violations of the provisions of the Law and before passing in impugned order no right to hearing has been provided to the petitioner and impugned order has been passed to the prejudice of the petitioner without giving reasonable opportunity of being heard.
Besides section 6 there is no other power with the Government to have passed the impugned order.
That even the Respondent No.2 has not conducted the Inquiry, by following the principles of natural Justice and the petitioner was never permitted to participate in the Inquiry or cross-examine the witnesses or was never shown the records which is envisaged in the Commission of Inquiry Act.
So much so that the petitioner was never provided with copy of the complaint or any other documents making part of the file which the petitioner had a right to rebut.
Advocate Sawhney argued that it was beyond expectation and very shocking for the petitioner to have learned that the Respondent no.2 has also included the name of the petitioner in the lists of Non-Permanent Residents. The petitioner was given and opportunity of being heard by the Respondent no.2 and never heard or defence evidence ever taken thus causing prejudice to rights of the petitioner and violation of the Law. The right to cross-examination of witnesses, right to rebut the records, right to representation have all not been provided to the petitioner at all and thus the impugned report of respondent no. 2 qua the petitioner is bad in the eyes of law and therefore, be set aside.
The Respondents have not even provided a copy of impugned report of Respondent no.2 and copy of impugned order dated 25.06.2015 to the petitioner and thus petitioner has been condemned unheard illegally, unlawfully and in violation of Law. Therefore impugned report as well as impugned order may kindly be quashed. On hearing the submissions of Advocate A K Sawhney the Court issued notice to the respondents and Mr Ahsan Mirza AAH waived notice for the State. (JNF)
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