Srinagar: An intervention application has been filed in the J&K High Court challenging the “judicial review” of the Darbar Move and describing the court’s intervention in this matter as legally “unsustainable” and “unwarranted”.
The application has been filed by Advocates Tariq Ahmad Lone and Umar Mir and has sought revocation or modification of the court order dated April 10 which directed the government to file a comprehensive report on the financial expenses and the various arrangements made for the last four Darbar moves, as also the number of officials involved and the arrangements for accommodation made for them.
The intervention plea has stated that it appears the High Court has made up its mind for a judicial review with the aim to cancel or suspend the Darbar move, “which is evident from the observations and the directions of the court.”
It further argues that for a simple direction to suspend or postpone the Darbar move for a period of 15 days or one month, such details were not necessary to be called from the government.
“The above said policy decision of Darbar Move is just, fair and reasonable within the meaning of Article 14 of Constitution, as such the judicial review is not required,” counsels Tariq Ahmad and Umar Mir submitted.
It was also submitted that the Darbar move, which is a long drawn process continued from the times of Maharaja of the erstwhile state of J&K, had attained the status of a convention/ precedent and the interference of the court in it was unwarranted and legally unsustainable.
The applicants further stated that the Darbar move is associated with the capital of the UT of Jammu & Kashmir, and in case the Darbar move is suspended or cancelled, it will amount to changing the capital of the UT of Jammu and Kashmir which is a purely political and policy decision.
It was said through the application that the issue should not be seen from the prism of loss to financial resources and public exchequer, but a holistic view of needs to be taken as the postponement or suspension or cancellation of the Darbar move will have various serious implications and repercussions that will affect the interest of the public at large and will infringe the rights of the people.
Earlier, the court had observed that the Darbar move entails loss of several working days while the records are packed and re-arranged after the move is effected.