[Draft] J&K and Ladakh High Court quashes eviction notice against NC leader Rahim Rather claiming threat to life

The Jammu & Kashmir and Ladakh High Court on Wednesday quashed a 2016 eviction notice against former Finance Minister and senior National Conference leader Abdul Rahim Rather for vacating the government accommodation.

A division bench of Justice Ali Mohammad Magrey and Justice Mohammad Akram Chowdhary observed that the eviction notice issued in April 2016 is no more in force, therefore, cannot be acted upon now.

Court further asked Rather to make a detailed representation along with supporting documents before the Director Estates within one week from the date of the order and directed that till the disposal of the representation, Rather would be allowed to retain present accommodation or alternate Government accommodation.

Rather, along with his family, is residing in a house at Humhama, Srinagar, which has been hired by the Estates Department. Though Rather claimed paying the rent of the house regularly, the owner of the property alleged that he was not paid rentals.

On losing the status of Cabinet Minister in the erstwhile State of Jammu and Kashmir, Rather surrendered the ministerial Bungalow and was provided hired Government accommodation in the capacity as former Legislator.

Rather through his counsel submitted before the high court that his ancestral house at village Badipora of Budgam district was inhospitable and that he has been given Z-category security because of the threat to his life by militants.

His counsel argued that losing the current accommodation will expose Rather to the attack by the subversive elements.

Further questioning the validity of the eviction notice, Rather's counsel contended that the notice is discriminatory in nature and the respondent Estates Department has allowed the former legislators with less security threats to retain government accommodations.

On the other hand, the government lawyer argued that Rather's eviction is covered by a 2020 judgment of the J&K High Court wherein the court had directed the governmental authorities to ensure eviction of unauthorized and illegal occupants from government accommodation.

After hearing the arguments, Court