SRINAGAR, A division bench of the Jammu and Kashmir High Court on Tuesday stayed the operation of the recent judgment of the single bench of the court, releasing, Rs fourscore with heirlooms to Dr. Karan Singh, Indian envoy to the United States.
The bench, comprising Justice M. A. Shah and Justice S. Rizvi, admitted the appeal filed by the J and k Government and issued notices to the respondents Dr. Karan Singh and Union of India reebygaable in four weeks. Mr. K. WXSaina, senior advocate, appear into the State Government, pointed out that the erstwhile Maharaja Hari Singh, father of Dr. Karan Singh, had not mentioned the disputed heirlooms, in a list of his private property, submitted of the Union Government in 1949.
Dr. Karan Singh had submitted a representation to the Union Government in 1983, urging the release of the heirlooms which was rejected in 1984, Mr. Raina added. Since Dr. Karan Singh had once Opted for the executive decision, the question of a judicial decision does not arise, he contended.
He further argued’ that Dr. Karan Singh, in a representation to the State Government in 1984, had requested to take on loan a part of the heirlooms for his family trust. As Dr. Singh had asked the heirlooms on Joan then, he could Claim the ownership title later, he argued.
The single bench, in its order had directed the release of Rs four Crore worth heirlooms to Dr. KaTan Singh and the reconsideration by the Union Government of its Rejection of the earlier representation of Dr. Singh. The Advocate General of J. and K, Mr. Altaf Ahved, had filed the appeal against both the directives, last week.
Article extracted from this publication >> August 11, 1989
