Srinagar, June 2: The High Court of Jammu & Kashmir and Ladakh has upheld the dismissal of a former police constable accused of maintaining links with militants and engaging in activities considered prejudicial to national security.
A Division Bench comprising Justice Sanjeev Kumar and Justice Sanjay Parihar allowed an appeal filed by the Union Territory administration and overturned a 2011 judgment of a Single Judge that had set aside the constable’s dismissal from service.
According to court records, the former policeman was accused of maintaining contact with a Pakistani militant, facilitating shelter for him, and was allegedly found with two hand grenades during the course of investigation.
The Bench ruled that the government was justified in invoking Section 126(2)(c) of the Constitution of Jammu and Kashmir, which permits authorities to dispense with a departmental inquiry when state security concerns are involved.
The Court observed that there was sufficient material available with the government to support its decision and noted that witnesses in such cases could face intimidation or threats, making it difficult for them to depose freely due to the accused’s alleged militant connections.
Referring to the security challenges prevailing in Jammu and Kashmir during the relevant period, the Bench remarked that anti-national elements had attempted to infiltrate government institutions and security agencies. The Court noted that the dismissed constable had allegedly acted against the interests of both his employer and the nation.
Restoring the dismissal order, the High Court dismissed the writ petition and held that the government’s action was backed by relevant material and was in accordance with constitutional provisions aimed at safeguarding the security of the State.(KNC)
