H. C. Jalmeria, Advocate
Jammu Tawi, Nov 17
The Lawyers of Jammu and in other Courts are on agitation path since end October this year. People are asking as to why this agitation. Are the lawyers justified?
With the virtual abrogation of Article 370 and J&K State Re-organisation Act came into effect from Oct 31, erstwhile State of J&K divided into two Union Territories: Union territory of J&K and Union territory of Ladakh.
Entire Constitution of India has been made applicable in the two Union territories. 106 Central Acts have been made applicable, 153 State Acts have been repealed besides some Governor made Acts. 166 State Laws are to continue besides some Governor made Acts.
Resultantly, some Commissions, Courts and Forums got affected which were existing for redressal of public grievances. State Accountability Commission, State Consumer Commission, State Information Commission, State Human Rights Commission etc have already been wound up with no alternative in place. People and lawyers are left high and dry. Matrimonial Court, Motor Accidents Claims Tribunal, Electricity Court, Railway Court, Traffic Court, Excise Court, Forest Court, Anti-Corruption Court, CBI Court, Bank Court are also in the danger zone. The Registration Work has been in the domain of judiciary since the time of Maharaja. Judiciary has been now divested of this work which has been assigned to Revenue officers.
In Jammu, all the Courts and many other public offices were working from Mubarak Mandi till middle of nineties. People had convenience of having legal assistance at one place. When the High Court was shifted to Janipura, inconvenience to lawyers and public started. Lawyers agitated for bringing Subordinate Courts also to Janipura. Govt. agreed and almost all Courts were accommodated either inside Court Complex or nearby. There was no facility of chambers, canteen, conference hall etc. for lawyers. The lawyer agitated and chambers-building has been constructed as a result.
Hardly, the lawyers have started settling down, when moves emerged to destabilize the arrangements of courts. A proposal has been mooted to shift the High Court to Raika-Bahu ØP02
forests on the plea of the present building having become decrepit, insufficient, awkwardly designed, non-compliant for universal accessibility, district courts sharing the same campus, insufficient space for record and not conforming to requirements as per All India Judges Association case 2.8.2018. In the new proposed site, over 500 kanals land is sought from forest department for proposal to construct 35 Court rooms, Judicial Administration, Mediation Center, Arbitration Center, Medical Center, Computer Center, Judges Library, Lawyers Chambers, Litigant facility and food court, Police Security, Archive Section, Judges accommodation, Staff accommodation, Utility building, Judges Academy and Convention facilities, Helipad, Fire Station, Parking for cars, Transport facilitation Center etc..
In response, the Dy Commissioner Jammu has suggested 813 kanals of Revenue land from village Khanna Chargal to be given to Forest department in lieu of 389 kanals land from Bahu and 442 kanals from Raika forests.
The question arises when the present site in Janipura where court complex is located, is having over 600 kanals of land. Much space is un-utilised. Why can't the deficiencies be made good for High Court at the present site.
Only about 25 years back the present building was constructed, why it should be abandoned. What action has been taken against those who designed and constructed the present building if reasons given are truthful?
Why another forest, the lungs of Jammu, should be destroyed?
When the Registration work has been going on for over eight decades through judicial officers satisfactorily, why should it be handed over to Revenue officers who are least available as the judges are? There is adequate record maintained of all registrations by the court since the days of Maharajas. Are our Revenue officers prepared and equipped for that. What is the necessity of disturbing the people and lawyers?
The road connectivity can be improved at Janipura by making flyover and taking some area from electric department.
518 members of J&K High Court Bar Association, Jammu moved, signed by all, requisition to its president on 30.10.2019 to oppose the proposal of shifting the High Court from Janipura to Raika forests and transferring the registration work from judicial officers to Revenue officers. 8 former presidents, senior and junior members had signed the requisition. In its General Body meeting held on 01.11.2019, the Bar decided to go for indefinite agitation on these issues. So far the Govt. has closed its eyes. The lawyers are agitating for public cause of having legal aid facility conveniently at one location. This benefits the lawyers also in consolidating their location at one place. This would save lot of public money also. Lawyers of both the Union territories have same concern regarding registration of documents remaining with judicial officers and also regarding the effect on other courts and commissions after re-organisation. Govt. has to discuss with lawyers and make safeguards.
