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Split verdict in Khudam case

SRINAGAR, DEC 12 . A Division Bench of the Jammu and Kashmir High Court gave a split judgement on Khudam-ul-Hujaj case with Justice R.C. Gandhi and Justice Hakeem Imtiyaz disagreeing over a judgement given by the single bench of Justice Nisar Ahmad Kakroo, who stayed the list of Haj pilgrims recommended by the state government.

Following this, Additional Advocate General Syed Riyaz Hussain said the state would argue the case before a third judge.

The state government had recommended the names of 24 Khudam-ul-Hujaj for Haj 2005. However, the modus operandi of the selection was questioned by a number of persons and they accused the Chief Minister's secretariat of ignoring the guidelines prescribed by Ministry of External Affairs.

Justice Gandhi while accepting the plea of the appellants for staying the judgement of Justice Kakroo observed that since the pilgrims are leaving on December 13, it would be impossible to frame a fresh list of Khudam at such short notice.

Justice Gandhi held that though the draw of lots will not be time consuming but completion of other formalities like preparation of passport, verification from CID department and other formalities are likely to take some time.

Justice Hakeem Imtiyaz while disagreeing with the view held that it would amount to reversing the Judgement of the Single Bench without hearing all parties.

The Division Bench had reserved the judgement on Khudam-ul-Hujaj case when it came for hearing on Friday.

On Tuesday, Justice Nisar Ahmad Kakroo had quashed the selection list of the Khudam stating most of the selected candidates had not applied but still they were selected.

The court had directed the State to select the candidates through draw of lots from only those candidates who had applied through proper channel.

Writ petitions were filed pleading that the government had violated the norms while selecting the candidates. The court stayed the list.

However, taking the pilgrims welfare in consideration, the court had directed the State to prepare a list for eligible persons who had applied through proper channel and make selection amongst them through draw of lots.

However, the State challenged the ruling before the Division Bench which today gave a split verdict. -- UNI

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