Court cannot interfere in any policy decision of committee formed by government unless it offends the essence of Article 14

Jammu & Kashmir High Court: The Single Judge Bench comprising of M.K. Hanjura, J., decided in a writ petition that the decision of an Empowered committee on matters like, provision of security, shelter and accommodation to a person cannot be challenged in Court of law.

The petitioner contends that he has been victimized by different militant organizations due to him being a political worker of the Indian National Congress and for the same reason he lost his son as well. Petitioner had approached the competent authority for the provision of accommodation for which he was provided appropriate accommodation along with a relief of Rs. 4,000 every month by the Relief Commissioner. Further it has been stated by him that he was forcibly taken by the militant and after his release when he returned back to the place he was staying all his belongings were thrown out and his accommodation was allotted to some other person leaving him with no shelter and the relief which was being provided to him also stopped.

Petitioner had filed various representations for the above-stated reasons but nothing going in his favour he had to approach the High Court in regard to these issues.

The Hon’ble High Court, on noting the stated facts and circumstances of the petitioner’s grievance, sought the records of the case and it was found that the Empowered committee had concluded that the relief to the petitioner does not fall within the ambit of the policy and recommendation of the State Human Rights Commission (SHRC).

Therefore, the High Court while dismissing the petition stated that, when the question of correctness of the reasons for a decision taken by the Government comes under the radar, then it is not a matter of concern in the judicial review and Court is not the appropriate forum, unless the policy decision is offending the basic requirement of Article 14 of the Constitution of India. [Ghulam Ahmad Lone v. State of J&K; 2018 SCC OnLine J&K 288; decided on 09-05-2018]

 

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