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2009 Supreme(J&K) 537

MUZAFFAR HUSSAIN ATTAR
Imtiyaz Ahmed Malik – Appellant
Versus
State – Respondent


Advocates Appeared:
Advocate For Appellant: R.A. Jan
Advocate For Respondent: N.H. Shah

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. Petitioners father was Inspector in the State Police Organization and was killed in militancy related incident on 3rd Jan. 2002 while performing his duties. The petitioner invoked the jurisdiction of the State government for appointing him on compassionate grounds in a































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