J&K High Court Questions Legal Basis for Azad, Raina to Retain Homes

The Jammu and Kashmir and Ladakh High Court has sought details of the uniform policy under which political persons are allowed to retain government accommodation in the Union Territory. The court has also questioned the legal authority under which former Chief Minister Ghulam Nabi Azad and former BJP Jammu and Kashmir president Ravinder Raina have been permitted to retain their official residences until March 2027 or the next review, whichever is earlier.

A Division Bench comprising Chief Justice Dr Pushpendra Singh Bhati and Justice Rajesh Sekhri passed the order on October 12. The Bench was hearing a public interest litigation filed by Prof S K Bhalla, registered as WP(C)PIL No. 17/2020.

The case concerns the continuation of government accommodation allotted to Azad and Raina. The High Court has not cancelled either allotment. It has also not directed the immediate eviction of either political figure. Instead, the Bench has asked the Jammu and Kashmir administration to explain the policy and authority supporting the decisions.

During the hearing, counsel for the petitioner argued that unauthorised occupation of government accommodation could not be protected on security grounds. The petitioner’s counsel referred to an earlier order dated December 26, 2022.

In that earlier order, the court had declined to protect occupants of government properties from eviction on the ground of security. The argument was raised in the present proceedings while the Bench examined the basis for allowing the two political figures to continue occupying their official residences.

Senior Additional Advocate General Monika Kohli appeared for the Jammu and Kashmir administration. She informed the court that the cases concerning the retention of accommodation by Azad and Raina had been considered by a designated committee.

According to the submissions before the court, the committee considered both cases at its meeting on August 14, 2026. It recommended that the allotments in favour of both political figures be continued.

The court was further informed that these recommendations were placed before the competent authority. The competent authority subsequently permitted Azad and Raina to retain their residences until March 2027 or the next review, whichever comes earlier.

The Bench then asked the government to clarify which policy governs the retention of government accommodation by political persons. It also sought an explanation of the source of the designated committee’s authority to decide whether such accommodation should continue.

Government counsel sought time to respond. The counsel agreed to file an appropriate affidavit setting out the applicable uniform policy and assisting the court on the issues raised during the hearing.

The High Court allowed the request and listed the matter for November 12, 2026. The proceedings will therefore continue with the administration’s affidavit expected to address the policy governing such allotments and the authority of the designated committee.