The Delhi High Court on Tuesday offered some relief to the estranged wife of former Jammu and Kashmir Chief Minister Omar Abdullah and their children from being evicted from their government residence here till July 28.
Justice Indermeet Kaur asked the Centre not to take any “coercive” steps against Payal Abdullah and her two sons, who are facing eviction from their government bungalow at 7, Akbar Road.
The order came on a petition moved by Ms. Abdullah and her two sons Zamir and Zahir, from her marriage with Mr. Abdullah, seeking protection from “illegal eviction” from their home, where they have been living since 1999.
Meanwhile, Ms. Abdullah has also challenged the eviction order in a Patiala House court. The case is likely to be heard on Wednesday.
Ms. Abdullah moved the High Court after making a representation before Prime Minister Narendra Modi and J&K CM Mehbooba Mufti in June. Ms. Abdullah cited threat to their lives if evicted from the bungalow, which has now been allotted to the State government by the Ministry of Urban Development, retrospectively from August 11, 2009
In November, 2015, the estate officer of the J&K government issued a letter asking her to vacate the premises.
‘Threat to life’
Ms. Abdullah said she requested the estate officer to send all letters to Mr. Abdullah believing he would “at least see that his sons are secure and that there is no threat to their life”.
On a show cause notice issued in January this year, Mr. Abdullah informed the estate officer that since he was no longer in occupation of the said premises, they were free to take whatever steps.
Ms. Abdullah’s counsel Amit Khemka told the court that “Ms. Abdullah is a Z-security protectee while her sons are Z-plus security protectee and if they are evicted from the present accommodation, they would be forced to live at their private property, which is a 2,300 sq.ft. flat at Westend here and adequate security arrangement is not possible in such a location.”
“Ninety-four security personnel are deputed to secure these three protectees, whose protection is very crucial for the nation and their own lives and the same cannot be done in a small accommodation,” said Mr. Khemka.
‘Like Subramanian Swamy, Priyanka Gandhi’
The counsel cited the example of Subramanian Swamy, Priyanka Gandhi and others who have been given government accommodation on security grounds without any of them holding any government office.
The petition says being the wife and sons of Omar Abdullah and daughter-in-law and grandsons of Late Sheikh Abdullah, who have been subject to attacks from terrorist groups and separatists, they were provided security and face constant threat with Kashmir being in the grip of insurgency.
Ms. Abdullah said the kids cannot join their father in Srinagar due to the law and order situation there.
The Additional Solicitor General (ASG), appearing on behalf of the Centre, submitted that the bungalow had been allotted to Mr. Abdullah in his capacity as a Minister in the Centre and then as CM of J&K in December 2014. The ASG said that the wife and sons of Mr. Abdullah have no right to continue to retain the accommodation.
Ms. Abdullah has said in the petition tat she was living in the bungalow even during 2002-08 when Mr. Abdullah was not holding any government office.
The ASG said there was no parity with case of Priyanka Gandhi, who is a special protectee of SPG.
Centre says wife and sons have no right to retain residence as Omar is not holding any govt. office
