Jammu and Kashmir High Court
WP(C)/1365/2026 of ABDUL RASHID ZARGAR Vs UNION TERRITORY OF J AND K (HOME) AND OTHERS on 8 July 2026
OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR WP(C) No. 1365/2026 CM No. (3650/2026) Abdul Rashid Zargar And Anr. …Applicant(s)/Petitioner(s) Through: Mr. Sami Sabir Lone, Advocate VERSUS Union Territory of J&K And Ors. …Respondent(s) Through: Mr. Mohsin Qadri, Sr. AAG with
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
WP(C) No. 1365/2026
CM No. (3650/2026)
Abdul Rashid Zargar And Anr.
…Applicant(s)/Petitioner(s)
Through: Mr. Sami Sabir Lone, Advocate
VERSUS
Union Territory of J&K And Ors.
…Respondent(s)
Through: Mr. Mohsin Qadri, Sr. AAG with
Ms. Maha Majeed, Assisting Counsel and
Ms. Rahila Khan, Advocate
CORAM:
HON’BLE MR. JUSTICE RAHUL BHARTI, JUDGE.
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ORDER
08.07.2026
1. The two petitioners are sons of Mohammad Ashraf Zargar and Mst. Saleema Begum.
2. Mst. Saleema Begum was a political activist, belonging to a Political Party, who at the relevant point of time was considered to be having potential security risk to her life and limb from the hands of Anti-National Forces active in the region and, thus, for the safety and security of her person was accommodated in Room No. 103, Hotel Gull Paradise Guest House, Rajbagh, Srinagar. Sr. No. 2 Regular
3. The very fact that Mst. Saleema’s allotted accommodation is single Room No. 103 is a pointer to the fact that it was meant for one person’s use and occupation and that person was Mst. Saleema Begum.
4. If the allotment and accommodation by reference to Mst. Saleema Begum would have been in the context not only of her own person but also of her family members being under the same state of threat, then the allotment of accommodation would not have been confined only to Room No. 103 but with an added room for accommodating the two petitioners herein as being the sons who otherwise are in their 48 and 38 years of age having their own next families.
5. Mst. Saleema Begum demised on 31.10.2025 which rendered further occupation of Hotel Room No. 103, Hotel Gull Paradise Guest House, Rajbagh, Srinagar no more required and, thus, was intended to be recovered by the Security Establishment of J&K Police for further
purpose be it of surrendering the use and occupation back to the Hotel owner or retaining the Hotel Room for the purpose of allocation to other needed person under a security threat.
6. In order to ensure that the personal belongings of Mst. Saleema Begum locked in the said Hotel Room No. 103 are allowed to be taken out by her legal heirs/successors-in-interest, the Deputy Superintendent of Police, Estate Security Kashmir, acting in furtherance of order No. SHQ/SS/1246/Del-sub part/2025/27556-57 dated 05.12.2025 of Inspector General of Police, Security General, J&K addressed the petitioner No. 1 to remove the belongings and vacate the room before being taken over by the Authority.
7. The needful communication is the impugned communication which the petitioners are expecting this Court to dislodge on the plea that the petitioners have a right to continue in the accommodation of Room No. 103 on the pretext that they are also under the same security threat.
8. Whether or not the petitioners and their next families are under any security threat, by their own reference or by reference to their mother late Saleema Begum, is for the Security Establishment of Jammu and Kashmir Police to take a call and if they would find that the person of the petitioners need protection then surely the Government of UT of Jammu and Kashmir would not be falling short of accommodation in housing the petitioners in the safety and security of the accommodation but at least the petitioners as of now cannot be heard to say that they have a right to perpetuate their use and occupation vis- à-vis Room No. 103, Hotel Gull Paradise Guest House, Rajbagh, Srinagar.
9. Hence this Court is not inclined to grant indulgence to this writ petition as there is no act of omission or commission on the part of the security establishment of Kashmir in addressing
the final notice to the petitioners for seeking the removal of belongings from the Hotel Room in reference.
10. Hence this writ petition is dismissed.
(RAHUL BHARTI)
JUDGE
SRINAGAR 08.07.2026 Akhil Dev