“Contractors with relatives of militants may participate in government tenders,” the High Court ruled

The Jammu Kashmir High Court has ruled in favor of contractors previously delisted on the grounds that they are relatives of militants and separatists, allowing them to participate in the tender process, The Hindu reported on Tuesday.

The court quashed the order of the Department of Rural Development and Panchayati Raj issued on March 15, 2023.

Justice Sanjeev Kumar heard numerous petitions from local contractors who were denied participation in government tenders due to alleged family links with militants or separatists.

The judge found merit in these petitions and rescinded the department’s announcement. He recommended allowing bidders to participate in the tender procedure.

The court noted that the competent authority had not proposed to cancel or refuse to renew the contractors’ registration certificates. The decision to exclude them from service was based solely on the involvement of one or more relatives in anti-national activities in the early 1990s or later.

Justice Kumar held that this was not a valid basis to deprive the petitioners of the right to contract with the government for public works.

The Department of Rural Development and Panchayati Raj excluded several local contractors from the bidding process based on a report by the Criminal Investigation Department (CID), which indicated that the close relatives of the petitioners were involved in subversive activities. Some of these relatives have been dead for decades.

Justice Kumar held that the communication violated the fundamental rights of the applicants guaranteed under Art. 19 section 1 letter g) the Constitution and their right to livelihood under Art. 21. He emphasized that in a democracy governed by the rule of law, no authority could undermine constitutional provisions.

Referring to the 2010 policy of rehabilitation of ex-militants who crossed into Pakistan-occupied Kashmir, Justice Kumar said the court cannot remain a mute observer of such violations of fundamental rights of citizens. This policy was intended to facilitate the return of former combatants who had abandoned insurgent activities and sought to reintegrate into mainstream society.

Justice Kumar questioned the rationale behind the then commissioner/secretary’s announcement, observing that the contractors were excluded due to their tenuous links with relatives involved in anti-national activities many years ago. He emphasized that many of these relatives either died or surrendered and became law-abiding citizens.

The court found the matter to be serious and ordered a copy of the judgment to be submitted to the Chief Secretary of the Union Territory of Jammu and Kashmir for taking departmental action against the commissioner/secretary concerned. The Chief Secretary is to submit a report on the action taken within two months.

The case was registered on July 29, 2024. Official records show that between 2010 and 2012, over 212 people returned from PoK through Nepal and other routes under the 2010 Rehabilitation Policy.