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Panthers Party challenges Annaul Durbar Move
DB issues notice to Chief Secretary
11/2/2011 9:22:18 PM
EARLY TIMES REPORT
Jammu, November-02:- In a petition filed by Balwant Singh Mankotia MLA and State President J&K National Panthers Party challenging the Annual Durbar Move in the larger interest of people of Jammu, Kashmir and Ladakh Divisions, Division Bench of Jammu & Kashmir High comprising Justice JP Singh and Justice Mohammad Yaqoob Mir today issued notice to State of J&K through Chief Secretary, the notice was accepted by the Additional Advocate General Gagan Basotra. The court allowed eight weeks time to respond to the petition.
Division Bench after hearing advocate HC Jalmeria appearing for the petitioner observed that a case for treating the petition as Public Interest Litigation has been made out and further observed that Union of India through Home Secretary New Delhi does not appear a necessary party to the proceedings, It is, therefore, deleted from array of respondents.
In the petition, petitioner has challenged the annual Durbar Move and sought the quashment of Govt order No 1183-GAD of 2011 dated October 10, 2011 to the extent as it pertains to the shifting of Official record/material/files pertaining to Kashmir Division from the safe-guards and fundamental rights under Article 14-21 and other provisions of the constitution of India of residents of Kashmir Division, seeking further direction to shift only the office records/material and files pertaining to Jammu Division to Civil Secretariat Jammu in the interest of the Jammu Division.
The petition has also sought further direction to the Chief Secretary J&K Govt not to shift office records pertaining to Jammu Division to Civil Secretariat Srinagar from Jammu and vice versa as has been the practice of Jammu & Kashmir High Court.
The petition filed through advocate HC Jalmeria also submits that Jammu & Kashmir State was founded by the Dogra Maharaja Gulab Singh in the year 1846 under the Amritsar Treaty. In the year 1872 Maharaja Ranbir Singh decided to hold Durbar at Srinagar during summer for six months and during winter at Jammu for the remaining six months. The decision was in the interest of the people of two provinces. On October 26, 1947 Maharaja Hari Singh signed instrument of Accession with Union of India which was accepted by the then Governor General Lord Mount Batten on October 27, 1947. Thus J&K State becomes an integral part of India. The practice of Durbar Move continued even after establishment democratic system in the State much to the disadvantage of the resident of the State.
The petition it has been further submitted that State Govt with its whole Civil Secretariat moves to Jammu in winter whereas people are left to suffer in the valley and Ladakh without any accessibility to the Secretariat similarly during hot summer the Govt secretariat moves to Srinagar leaving the residents of Jammu Province to suffer without any accessibility to the Secretariat. Buildings of Secretariat are in working condition both at Jammu and Srinagar, offices can be made functional during the whole year with request to respective province to the Secretariats at Srinagar and at Jammu.
In the petition it has been mentioned that State High Court has already provided a workable model in this respect. The case files pertaining to Kashmir and Jammu Province are maintained and heard at Srinagar and Jammu Wings of the High Court. The Judges only move from one to other wing. The practice of Durbar Move involves an expenditure of about Rs 300 crores every year. This public money can be saved and spend for better use. For this year Durbar Move, the Govt of J&K has issued order NO 1183-GAD of 2011 dated October 10, 2011 and seeking quashment of the said order.

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