Setting aside its single judge’s decision of 2011 that had quashed termination of a police constable from service, the High Court of J&K and Ladakh has upheld the dismissal of the cop accused of involvement in anti-national and terrorism-related activities.

A division bench of Justice Sanjeev Kumar and Justice Sanjay Parihar upheld the dismissal of Ghulam Muhammad Tantray, a driver constable in the J&K Police, while allowing J&K administration’s appeal against the single judge’s decision.

In his plea, Tantray had called in question a government order dated April 2, 2007 dismissing him from service by invoking Section 126(2)(c) of the erstwhile Constitution of Jammu and Kashmir, a provision corresponding to Article 311(2)(c) of the Constitution of India.

According to the case record, Tantray was arrested in 2004 in connection with FIR No. 06/2004 registered at Police Station Zadibal Srinagar under section 120-B of RPC and Sections 7/25 of the Arms Act. He was accused of maintaining contacts with a Pakistani terrorist, arranging a hideout for him, and possessing hand grenades recovered during searches conducted by police.

In its decision, the single judge bench had set aside Tantray’s dismissal order, holding that the authorities had failed to explain why an ongoing departmental inquiry was abandoned midway and replaced with action under Section 126(2)(c).

In response to the appeal against the single bench decision, the division bench found that the writ court overlooked substantial material placed on record, including reports, intelligence inputs, recommendations of a committee headed by the Chief Secretary, and a detailed memorandum approved by the Cabinet before being forwarded to the Governor.

The material showed that Tantray was allegedly involved in subversive activities aimed at the disintegration of the country and posed a serious threat to the security of the State, the court observed.

Citing the government memorandum, the bench pointed out that a regular inquiry was considered inexpedient because witnesses were unlikely to testify against the respondent due to fear of militant reprisals and because conducting an inquiry could endanger the lives and property of inquiry officials and witnesses.

The bench extensively discussed constitutional provisions governing dismissal of government servants without inquiry in cases involving national security and referred to Supreme Court judgments.

“While the Governor’s satisfaction under Section 126(2)(c) is subject to limited judicial review, courts can interfere only if the decision is mala fide, arbitrary, or based on irrelevant material”, the bench said, observing that in the present case there was ample material supporting the government’s decision.

The Court noted that it should be taken as well settled that under Section 126(2) of the Constitution of Jammu and Kashmir/Article 311(2) of the Constitution of India, ordinarily no civil servant can be dismissed, removed, or reduced in rank without informing him of the charges, holding a departmental enquiry, and granting him a reasonable opportunity of hearing.

However, the court underscored that the second proviso carves out three exceptions– conviction on a criminal charge, referable to Article 311(2)(a)/Section 126(2)(a) of the Constitution of J&K; where it is not reasonably practicable to hold an enquiry, referable to Article 311(2)(b)/Section 126(2)(a) and where it is not expedient to hold an enquiry in the interest of the security of the State, referable to Article 311(2)(c) Section 126(2)(c).

While the court noted that 21 Clause (c) is the most stringent exception because it is founded on considerations of national and state security, it said. “The expression “security of the State” has a very high threshold”. “It generally concerns terrorism, espionage, militant links, activities threatening the sovereignty and integrity of the country, and grave anti-national conduct, etc”.

The action to be taken by the President/Government in the interest of the security of the State must be based upon the subjective satisfaction drawn on the aid and advice of the Council of Ministers, the court said.

“His satisfaction regarding the expediency of enquiry is final, and he is not supposed to disclose the facts on which it is based either to the civil servant concerned or to any authority”

“Though the judicial review of such satisfaction drawn by the President/Government on the aid and advice of the Council of Ministers is very limited and constricted, yet the constitutional Courts are not debarred from judicially reviewing such satisfaction if it is vitiated by mala fides, absence of relevant material, arbitrariness, and above all, if it does not generally concern the security of the State,” the court said.

Setting aside the single judge’s decision, the division bench held that the court had erred in concluding that there was no material to justify dispensing with a departmental inquiry. The bench allowed the appeal and restored the dismissal order.

Srinagar, May 31: A special meeting of Anjuman-e-Sharie Shian Jammu and Kashmir was held at Imambara Gulshan Bagh, Upper Srinagar, bringing together members of the organisation from Srinagar district, along with renowned Nauha reciters, representatives of Daira-e-Hussaini management committees, and officials of district and zonal committees.

As per a press release, the meeting commenced with the recitation of the Holy Qur’an, followed by the presentation of a comprehensive agenda prepared for the forthcoming month of Muharram-ul-Haram. The agenda covered a wide range of important issues, including the management and organisation of mourning gatherings (Majalis) and processions, maintenance of discipline, sanitation and cleanliness, traffic management, punctuality, facilities for mourners, social responsibilities, and various organisational matters. These issues were discussed in detail during the session.

Several speakers, including representatives of district and zonal committees, addressed the gathering and shared their valuable views and suggestions regarding Muharram arrangements, challenges being faced, and possible solutions. Their contributions added significant value and purpose to the deliberations.

Addressing the meeting, Hujjat-ul-Islam Agha Syed Mujtaba Abbas Al-Mousavi Al-Safavi urged all volunteers, Nauha reciters, and mourners to recognise that Muharram is not only a month of devotion and remembrance but also a period that inspires the adoption of Hussaini values, unity, discipline, and religious awareness. He emphasised that all mourners, management committees, Nauha reciters, and organisational workers must accord the highest priority to maintaining order and discipline during Majalis and mourning processions, while fulfilling their responsibilities with dedication to ensure the observance of the sacred days of mourning in an organised and dignified manner.

He further stated that Azadari is not merely a ritual but a living movement entrusted to the followers of Ahlul Bayt (AS) by the Holy Imams (AS). Preserving and advancing this legacy with sincerity, unity, mutual cooperation, and organisational harmony, he said, remains a religious, moral, and collective responsibility.

During the meeting, participants unanimously expressed serious concern over the deteriorating condition of several roads and routes used by Muharram mourning processions. Speakers noted that the concerned government departments and authorities are fully aware of these traditional procession routes, which witness large gatherings of mourners every year. Despite this, many roads remain in a severely damaged and unsatisfactory condition, causing inconvenience and hardship to participants.

The meeting called upon the concerned authorities and departments to ensure the immediate repair and maintenance of these roads, improve sanitation measures, and provide essential civic amenities before the commencement of Muharram-ul-Haram. This, participants stressed, would help facilitate the smooth conduct of religious gatherings and ensure that mourners of Imam Hussain (AS) do not face unnecessary difficulties.

At the conclusion of the meeting, all participants reaffirmed their commitment to organising and conducting all Muharram programmes in a peaceful, dignified, disciplined, and organised manner in accordance with the teachings of Imam Hussain (AS). They also pledged to work collectively to ensure the success of all activities organised under the banner of Anjuman-e-Sharie Shian through mutual cooperation and strict adherence to discipline.