IMTIYAZ AHMED MALIK Vs. STATE AND ORS.

JUDGEMENT

(1.) IN democratic country like ours, State government and its authorities as also the other organs of the State are under constitutional obligation to discharge their duties strictly in accordance with and in tune to mandate of the Constitution of India as also the Constitution of Jammu and Kashmir. In State like ours nobody is above law and all are duty bound to obediently and faithfully implement and enforce the law. In democratic setup no authority, howsoever, high belonging to any organ of the State, can do an act which is not permitted by Constitution and laws of the land, as act done contrary thereto will create an anarchical situation.

(2.) THE State and its authorities are duty bound to deal with its citizens in accordance with the mandate of statute and other laws. If some of the citizens are similarly situated then they are to be considered for being given uniform treatment as they form a single class in law.

(3.) THE AIG(P) for Director General of Police send communication No. Pers -A -105/2003/34688 dated 6th Sept. 2007 to Financial Commissioner, Home Department J & K Govt. requesting therein that the case of the petitioner be reviewed and he be considered for being appointed against the post of Sub -Inspector in J & K Police in relaxation of recruitment rules, being militancy related case. It was also conveyed that the father of the petitioner had played vital role on anti militancy front while working with special operation group Anantnag and finally Laid down his life in militancy attack at Bewoora Anantnag on 3rd of Jan. 2003 for supreme cause of the nation. The communication is reproduced as under: