The Jammu & Kashmir and Ladakh High Court has sought an explanation from the Union Territory administration on the policy governing retention of government accommodation by political persons after being informed that former Chief Minister Ghulam Nabi Azad and former BJP Jammu and Kashmir president Ravinder Raina have been permitted to retain their 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 asked the government to clarify the policy under which the accommodation has been retained and the source of the designated committee's authority to consider such allotments.

The Bench sought the clarification after Senior Additional Advocate General Monika Kohli submitted that the designated committee had recommended continuation of the allotments and that the competent authority had subsequently approved their retention.

The Court was hearing a public interest litigation filed by Professor S.K. Bhalla concerning the retention of government accommodation by the two political figures.

During the hearing, counsel for the petitioner Mr. S. S. Ahmad, Sr. Advocate referred to an earlier order dated December 26, 2022, in which the High Court had declined to protect persons against eviction from government properties on the ground of security.

The petitioner's counsel argued that security considerations could not be used to protect unauthorised occupation of government accommodation. Reliance was placed on the Supreme Court's decision in S.D. Bandi v. Divisional Traffic Officer, KSRTC & Ors., (2013) 12 SCC 631, and the Delhi High Court's decision in Dr. Subramanian Swamy v. Union of India & Anr.

In its compliance report, the government stated that the cases concerning the residential accommodation of Azad and Raina were placed before the designated committee at its meeting on August 14, 2026.

The committee recommended continuation of both allotments. The recommendations were thereafter placed before the competent authority, which approved retention of the accommodation until March 2027 or the next review, whichever is earlier.

Taking note of the government's submissions, the Bench questioned the legal framework under which the decisions had been taken. The Court asked the government's counsel to explain,

“what is the policy in the UT of J&K which govern the retention of Government accommodation, which has been applied in the present case, and wherefrom the designated committee derives its power to consider whether such Government accommodation has to be retained by the political persons.”

Senior AAG Monika Kohli sought time to file an appropriate affidavit explaining the uniform policy said to govern the retention of government accommodation by political persons and to assist the Court on the issues raised.

The Bench granted the request and directed that the matter be listed on November 12, 2026.

The Court has not, at this stage, cancelled either allotment or directed the eviction of Azad or Raina. It has sought the government's explanation regarding the applicable policy and the designated committee's authority.

Appearances: S.S. Ahmad, Senior Advocate, with Supriya Chauhan, Advocate, for the petitioner; Monika Kohli, Senior Additional Advocate General, for the respondents.