EDITORIAL

BORDER VIOLENCE

Pakistan says what it means. And taking advantage of India’s flexibility in Jammu and Kashmir, Pakistan has hardened its standpoint vis-à-vis the fencing of the International Border in Jammu. Had New Delhi, too, acted swiftly and effectively in the past, things possibly would have been different altogether. Precisely, New Delhi’s far-from-decisive role with regard to the Indian troops’ requirements for....more

NEW CRISIS

The crisis may have, for the moment, blown over, with the Samata Party leaving any decision on pulling out of the National Democratic Alliance (NDA) to the party supremo, George Fernandes. But the political churning that began with the withdrawal of the Trinamul Congress from the ruling coalition at......more

The J&K 'peace process' : Chasing the chimera

By K. P. S Gill & Ajai Sahni
Any permanent peace can only be created out of a process and perspective that is firmly rooted in the realities on the ground. The belief that good sense, ..
more

Traffic system in Jammu

By Shiv Kumar Sharma
When a person drives on Jammu roads amidst a flood of vehicles flowing on his right and left in front and behind he may recollect the forgotten English...
more

A Viw Point
Bar and bench
at loggerheads

By Tahir Khurshid Raina
It is very unfortunate and a State of dismay for the conscientious citizens of the society to see the two pillars of the judiciary i.e. Bar and the Bench at ....
more

EDITORIAL

BORDER VIOLENCE

Pakistan says what it means. And taking advantage of India’s flexibility in Jammu and Kashmir, Pakistan has hardened its standpoint vis-à-vis the fencing of the International Border in Jammu. Had New Delhi, too, acted swiftly and effectively in the past, things possibly would have been different altogether. Precisely, New Delhi’s far-from-decisive role with regard to the Indian troops’ requirements for defence structures along the International Border encouraged Islamabad to such an extent that the latter did not, all these years, come across any major threat or warning from the former while indoctrinating the Islamic forces to ensure that India did not succeed in constructing barbed-wire fencing. The Indian Army and the Border Security Force (BSF) troops, obviously, possessed the equipment to take on the Pak soldiers, who, in the past, resorted to firing and shelling only to prevent Indian workers from setting up barbed-wire fencing. True, the Indian Government had commissioned the Central Public Works Department (CPWD) more than a year ago to fence the 200 km-long International Border. But the CPWD as well as Indian defence personnel were ordered by New Delhi to give up the work, after heavy fire from the Pakistani side. Why did not the Government of India instruct the BSF and the Army to teach the other side a lesson or two? Why was the work ordered to be suspended? Why did the Government avoid taking cognizance of the unpublished warnings from former chiefs of the BSF, Ashok Tandon and EN Rammohan? They had, in fact, forecast Islamabad’s tough talk and rough action in the event of New Delhi’s go-slow methodology. While the need for India was to talk tough and act rough, the choice of operations employed by the power corridors in New Delhi could not prove conducive to the requirements of our forces. And when the decision was finally taken to re-start construction of defence structures on this side of the International Border, one expected that the Government would demonstrate courage to perform the act in the open. What happened triggered sarcastic comments. The BSF personnel were asked to choose the Samba sector for fencing in the first phase. Why so? This sector is hidden a bit from the Pakistani side. True, the BSF managed to complete nearly 12 km of the fencing in the sector. But the construction workers’ forward movement has been drastically curtailed as a result of the intermittent firing from the Pakistani side. The average Pak soldier seems to have been encouraged by the lack of appropriate response from the Indian side even after 40 iron pillars used for fencing the border were blown up by the Pak Rangers late night on May 19 in the Samba sector itself. Discussions and consultations alone took place in Delhi’s North Block and at the BSF Headquarters in the CGO complex, even as the situation took a different turn following the fresh assault by Pakistanis, resulting in the damage to some pillars erected by the BSF for fencing the border in the Kanachak area of Akhnoor sector. The two incidents-first on May 19 and, second, on May 22-have also triggered questions: How could the Pakistani saboteurs sneak into the Indian territory when Indian authorities had insisted that vigil had been intensified? What were our border guards doing when the ‘enemy’ blew up the pillars well inside the Indian territory? At a time when violence has broken out on some points on the International Border, Indian response has to be in accordance with the wishes of the average Indian and not in accordance with the US formula or formulation. The response requires to be adequately effective and effectively adequate, considering the fact that Pakistan has injected a disturbing element into the prevailing scenario with the reiteration of Islamabad’s standpoint against New Delhi’s move to construct the barbed-wire fencing along the Jammu border. Pakistani blatant attacks on made-in-India pillars in Samba and Akhnoor sectors came after the military leadership of Pakistan succeeded in conditioning the mind of the average Pak soldier stationed across the J&K border against India’s argument that Jammu’s International Border cannot be designated and defined as ‘working border’. If the prevailing unpleasant scenario along the Line of Control (LoC) and International Border as well as the stepped-up military activity were any guide, there is little possibility of any success, in immediate future, of the process of building confidence and cordiality between Pakistan and India.

NEW CRISIS

The crisis may have, for the moment, blown over, with the Samata Party leaving any decision on pulling out of the National Democratic Alliance (NDA) to the party supremo, George Fernandes. But the political churning that began with the withdrawal of the Trinamul Congress from the ruling coalition at the Centre in the wake of the Tehelka expose, has been intensified by the developments in Manipur. Indications are by no means uncertain that the next few months, particularly the period between June and October, are going to be quite crucial for all the political parties, specially the BJP, which may witness a process of alignment and realignment of equations. The BJP has succeeded by beating a quick retreat on the issue of forming the Government in Manipur, in tiding the NDA over its imminent crisis in the face of the Samata threat of pullout following the fall of the People’s Front Ministry there. But the cost of it may end up being pretty heavy for the BJP as well as the NDA. To begin with, the unhappiness of the BJP legislators in Manipur over the party high command’s decision not to stake claim to form the Government could well lead to a completely new political scenario emerging there. Already, if one is to believe that the BJP did issue a whip, as it claims to have done, to its MLAs to vote for the Koijam Ministry, then what happened on may 21 during the voting on the confidence motion of the Chief Minister was a clear case of defiance. The BJP MLAs are unlikely to sit quiet in the wake of the party leadership’s decision not to form the Government, which, on the face of it, appears to be a clear case of compromise, albeit a necessary one. The entire Manipur affair has, in fact, created a dilemma for the BJP. A dilemma that is not really new for a party caught in the pulls and pressures of a coalition Government. Experience shows that sooner than later a political party heading a coalition Ministry succumbs to the pressure of its allies on some issue of the other. The reason is not far to seek. It is, after all, a matter of survival. Something that clearly dictated the BJP’s obvious backtracking in Manipur this time. One will, by delving a little deeper, find that the dilemma extends to almost all the States in the country. Keen to expand its limited organisational base, the BJP is, quite understandably, desperate to strengthen its roots in as many States as possible. The results of the just concluded Assembly elections in four States and a Union Territory have added to this compulsion of the party. But this ideaological desire of the BJP to grow and expand its base regularly comes into conflict with the ambitions of its coalition partners, who usually succeed in forcing the party to retreat. While for the central leadership of the BJP it may be easy to dismiss this as part of the game, and an imperative to remain in power at the Centre, for the local units of the party in various States it is not as easy to understand, or to accept. And for the high command, it becomes a constant struggle to dissuade these disgruntled local partymen from taking any extreme step. And that is what the BJP is now going to find very difficult to handle-the wrath of its disgruntled party MLAs in Manipur, who saw in the latest political developments there a rare chance to seize power in a State where the party has no ideological base whatsoever. How it handles the situation will show the political acumen of the party stalwarts and will eventually determine their political future in this era of coalition Governments and politics.

The J&K 'peace process' : Chasing the chimera

By K. P. S Gill & Ajai Sahni

Any permanent peace can only be created out of a process and perspective that is firmly rooted in the realities on the ground. The belief that good sense, good intentions and good men can, or will, eventually prevail over these lines in the face of the evidence of history.

An unrealistic pursuit of peace can only defer violence, and often magnifies it. The notion of 'peace at all costs' of self-destructive, and negotiations based on false premises and projections, and on unrealistic or divergent assessments of the realities on the ground, inevitably result in greater, escalation though they may produce a temporary and deceptive lull.

It is difficult to comprehend what precisely forces each incumbent regime in India to embrace the the political realism of appeasement', despite its manifest failures and the mounting evidence of chaos and violence that it yields. It is clear, however, that the present regime is yet to display the vision or the will to escape this disastrous propensity.

On the face of it, the present 'peace initiative' in Kashmir does not appear to be 'reality based' in any meaningful sense, or to have concrete strategic foundations. It is, by and large, in the nature of a 'fishing expedition': in the absence of a consistent or coherent policy to force a breakthrough in J&K-- and such a policy is entirely achievable- a random element has been introduced to destabilize established equations in the hope that it may set in motion a positive chain that could, in the uncertain future, produce desired results. This is not a plan; it is gamble. And it is destined to fail for many reasons.

The character of this initiative has, moreover, been substantially defined by factors extraneous to the conflict such as specific pressure for peace initiatives from the US.

The claim that the ' ceasefire' has resulted in a radical transformation of world opinion towards India and support for its policies on Kashmir, moreover, takes inordinate advantage of the ambiguities inherent in the situation. A positive trend in favour of the Indian position has been continuous since Pakistan's Kargil blunder, and is more a consequence of what is happening in that country-- and in the votex of anarchy to its west, in Afghanistan-- than of the sagacity or efficacy of India's policies in J&K. Pakistan has, indeed, repeatedly shot itself in the foot over the past two years, and this is the actual cause of the tide of world opinion turning against it.

Under the circumstances, the claim that India's 'ceasefire' declaration in Kashmir has resulted in radical transformation in international perceptions on the conflict in J&K and on Pakistan's role, has limited objective merit. There is, of course, no set of criteria or indices that can help to quantify such international impact. But there is, equally, no extraordinary evidence that the outcome would be significantly different had India followed a consistent and coherent counter-terrorism agenda in J&K, ensuring that the civilian population did not suffer inordinately, even as the state applied all necessary force to defeat the terrorists.

There are two major difficulties with a dialogue with any of these entities. The first of these relates to the impact on legitimate democratic groupings and activities in the State. Indeed, the release of the Hurriyat leaders from custody, and the first moves to initiate talks with them were specifically perceived as steps by the Centre to marginalize Farooq Abdullah's ruling National Conference, and the Chief Minister's 'fightback' through the 'autonomy demand' in June 2000 was essentially an effor to restore some balancd and reassert his political significance.

There is something absurd in accepting an organisation that has no democratic credentials and whose members are unashamed Pakistani proxies, as the 'sole representative' of the people of Kashmir in a negotiating process, and divesting the State's elected political leadership of its locus standi in the political process. The Hurriyat, moreover, explicitly derives its influence and legitimacy from the power of the terrorists' gun, though it may not openly engage in terrorist activities. To bring such an agency to the centrestage of the negotiations, and hence of the political process, is a repudiation of the fundamental principles of democracy, and a deep injury on the democratic forces in the State which have, for decades now, been the target of the militants' wrath.The second critical difficulty is the fundamental question of the principle involved in negotiating with terrorists and their front organizations, and in the effort to accommodate and appease the terrorist warlords operating out of Pakistan.

As Yossef Bodansky expresses it: A government committed to the safety and well being of its citizenry and an organization intentionally using the indiscriminate injuring of the same citizenry as a negotiations tactic do not speak the same language... Even if they seem to agree on certain procedures and accommodations, the difference between their respective positions is irreconcilable. There can be no common denominators or common grounds between terrorism and democracy.

This fundamental opposition is compounded by the 'demonstration effect' of successful terrorism. The leaders of terrorist groups must be dealt with as terrorists and criminals. To appease them is to reward terror. And if terrorism is rewarded in one theatre of conflict, it will be replicated in others. This impacts not only on Kashmir, but on the entire country, and indeed, on the world at large. This has been said before, but it bears repetition: a victory for terrorism anywhere in the world is a victory for terrorism everywhere. Terrorism in the world today is founded on the successes of terrorism in the late sixties and early seventies, when some terrorist leaders were transformed into world statesmen in West Asia.

The message communicated was: if you resort to those methods, you can become a world leader, you can carve out your own little nation, address the United Nations General Assembly, find a place, in history. Because some terrorist leaders in West Asia and Ireland have been given a place in the history of the world, every criminal ganglord thinks he can also become a world leader by murdering a few hundred or a few thousand people.

The world needs to consistently tell the ambitious and impatient groupings in various theatres of conflict that they must resolve their problems by peaceful and democratic means, and that if they resort to terrorism, irrespective of the validity or legitimacy of their cause, the world will stand against them, and will defeat them. On each occasion when a legitimate, democratically elected regime seeks to negotiate with terrorists or with their front organizations, it undermines the basic edifice and viability of the democratic order, not only in its own region, but across the world,

Pakistan has repeatedly insisted that Kashmir was the core issue between the two countries, and the greatest of the flawed premises of India's strategic perspective appears to be an implicit, uncritical and de facto acceptance of this claim and its concomitant agenda. Pakistan has been extraordinarily successful in projecting and marketing this notion, not only to the Indian establishment, but also to the world at large. It is this success that constitutes the source of the extraordinary pressures, both international and internal, on India to seek solutions through negotiations within the State and with Pakistan. It is the belief that since the 'core issue' is Kashmir, it can be dealt with locally, and can be 'resolved' through the various petty plots to cut up the State on communal lines that are current today-along the LoC, or along the Chenab, or by clubbing together Muslim majority districts, etc. and that, through this device, 'peace' can be purchased in perpetuity.

But the fact is that the core issue is not Kashmir. It never was. It is the fundamentalist ideology, and the 'two nation theory' that excludes the ways of life coexisting within a single political order. The core issue, consequently, goes to the very heart and basis of India's existence, as it does of irreducible conflict between democratic liberalism and a polity based on an exclusionary religious democratic liberalism and a polity based on an exclusionary religious absolutism. Those who think it can be resolved through negotiated territorial concessions with the aggressor deceive themselves no less than the Chamberlains and the Daladiers who sought to bribe Hitler into peace with similar concessions. Even to conceive of a 'settlement' on Kashmir on the basis of a communal trifurcation would be a monumental blunder, at par with the Partition of India that destroyed and disrupted millions of lives, but solved nothing.

While the dangers of the 'demonisation' of Islam have been widely noted, both by neutral scholars and by the apologists for extremist Islam, there is a neglect of an even more vicious process of the demonisation of all other Faiths and nations among the people of Islam, and even of Muslims who do not conform to the perverse vision of the 'fundamentalists'. There is a profound ideology of hatred that is being fervently propagated through the institutions of Islam, particularly the madrassas or religious schools and seminaries that are proliferating rapidly across South Asia, and it is winning many ardent converts.

This is, as already stated, still a small minority among South Asia's Muslims; but it is a vocal, armed, well supported, extremely violent and growing minority. The majority, by contrast, has tended to passivity and conciliation, and there is little present evidence of the courage of conviction or the will for any moderate Islamic resistance to the rampage of extremist Islam.

What we see is a strategy of encirclement and penetration that seeks indiscriminate destabilization throughout the South Asian region, and its visible source is in Pakistan, though its financial flows originate in West Asia. Within the paradigm of Kashmir as the 'core issue', it may be tempting, under the circumstances to explore the possibility of a permanent settlement with Pakistan, by which it makes firm commitments on the cessation of all such subversive activities throughout the region in exchange for territorial concessions. Once again, this would be a course of action based upon an complete failure of comprehension, both of the nature of the absolutist ideology of extremist Islam, and of the complex nature of the relationship between the Pakistani state and the terrorist groupings that currently act on its apparent bidding.

Enormous faith has been placed on the 'international community' by India in its hope that Pakistan will eventually yield to cumulative diplomatic pressure or to the economic burden of sanctions. But Pakistan can yield neither to economic imperatives, nor to international pressures, nor, indeed, can it stop at any limited concessions that it may secure through negotiations with India for its is no longer in control of the forces of extremism that it has created and nurtured. It may, however, eventually yield to chaos. And while this may not be desirable even from the Indian point of view, preventing such an eventuality cannot be the overriding concern for an Indian government.

Despite its economic strength, its political resilience, and its military might, despite the courage and sacrifices of its combined Security Forces, India, today, projects an image of utter fragility and vulnerability to the world as a result of the vacillation and weakness of its political leadership and its bureaucracy. The rhetoric of being a 'world leader', a 'great power' has dominated recent political oratory, but India's governments have not learned how to act even as governments of a principled democracy, leave alone a 'great power'. Can those who advocate negotiations with terrorists and their front organizations over Kashmir, even conceive of the US Government initiating similar 'negotiations' to arrive at a settlement on the 'issue' of the US military presence in Saudi Arabia ?

The meaning of democracy has been distorted beyond measure in India. The idea that everybody- including terrorists and mass murderers- must be 'accommodated' in the political process and kept happy within a democracy appears to be the thrust of the politics of 'consensus' that has been the unique product of a succession of corrupt and craven regimes. But one cannot strengthen the case for democracy by handing over this country. It is an extraordinarily difficult form of governance, and demands exceptional disciplined adherence to the rule of law, both on the part of the people and of governments. Freedom, in such a system, is not, as some would have us believe, a 'birth right'; it is something that has to be fought for and defended, something that nations earn and preserve through blood and sacrifice.

It is necessary now, if India is to survive, to abandon the whore's ethic of consensus and appeasement, to take on the burden of responsible and principled governance and to accept the inescapable fact that terrorism and the ideologies that inspire it will have to be defeated and that nothing is going to change unless it is demonstrated beyond a shadow of doubt that violence will not profit those who seek to use terror as an instrument of policy.
 PTI Feature

Traffic system in Jammu

By Shiv Kumar Sharma

When a person drives on Jammu roads amidst a flood of vehicles flowing on his right and left in front and behind he may recollect the forgotten English poet Milton who said in 'The paradise lost' "For me everything good is lost, so let evil be my good." Though there are men in blue standing in dozens here and there, normally in traffic is seen unabated. Those men in blue become alert only when a V.I.P. is to pass.

Left overtaking is more frequent and by such a common practice one feels as if right overtaking on Indian roads is going to be a wrong practice.

Mini buses with high pitch tape recorders, cars with tinted glasses, two wheelers with riders without helmets, buses and mini buses loaded with passangers much beyond their capacity are the most common things to see.

The perennial flow of vehicles and the absence of traffic lights and the negligent traffic cops at the main places have made the movement of foot walkers difficult and hazardous. These poor people, some of them with luggage on their heads have to wait for minute together to find opportunity to cross the road. Neither the people drunk of vanity and wealth driving their vehicles nor the handsome men adorned in their blue nor the Government takes pity on these poor helpless passers by. Ofcourse traffic on city roads is smartly regulated for one week in a year. Even the school students are involved, lectures are arranged in schools and then finally every good practice that was adopted during the week is bidden adieu on the closing day of the traffic week. Then as the people return to their homes, old bad traffic habits also return to their places.

Suggestions to improve the traffic system in Jammu:

c The main Bus Stand located in city at B C Road be shifted to a place outside the city. Instead of one stand there should be three bus stands. One of them should be located around Satwari. It should cater to running buses for the routes for which the vehicle pass through Satwari.

c The other Bus Stand should be located around the road between Shakti Nagar and Talab Tillo. This stand will run the buses for the route beyond Muthi and Talab Tillo. The third Bus Stand should be built in the Ramnagar forest and this stand will be meant for the buses running beyond Nagrota i.e. Udhampur, Doda, Kishtwar, Kashmir etc.

c The second bridge at the Tawi near Jogi Gate which is under construction should immediately be got completed and be linked with Railway Station, Gandhi Nagar, Shastri Nagar etc.

c Some mini buses starting from Panjtirthi be put on the route of the circular road and the mohallas like Pacci Dhakki, Julahka Mohalla and Mastgarh will feed this route as the residents of these Mohallas instead of catching mini buses from Kachi Chowni and Parade will find it easier to catch them from the the circular road. More over the development of this route will reduce traffic load on Kachi Chowni, Parade and Shalamar.

c The Court Complex of Janipur which is under completion be got completed immediately and all the courts which are at present functioning at Mubarik Mandi be shifted at once. The sooner it is done the better it will be. Such a step will serve two important purposes. One, that the traffic congestion at Panjtirthi, Mubarik Mandi and Dhountly Bazar will decrease and the second benefit will be, that the life hazard in case of a blast will also reduce.

c Long route buses running between Katra/Udhampur and the cities of Punjab and Haryana be put on bye-pass road i.e. via Batra Hospital road.

c At present the route of New Plots Janipur etc. is heavily burdened, so an alternate road through Ramnagar forest be built. This road will help in taking over the extra burden of the traffic leading to High Court Complex.

c A survey linking Jain Bazar with the circular road Tawi side through a link road which has been constructed upto Govt High School Julahka Mohalla, only has been abandoned for want of funds. If this road is taken up and constructed, it will take over partly the traffic load of the Old city especially meant for Trans - Tawi areas. Moreover it will reduce the load at Kachi Chowni, Parade and Shalimar areas.

c Besides, this link which has been leftover at Govt High School (Boys) Julahka Mohalla can be connected with old secretariat (Mubarik Mandi). This device will also provide an alternate route of old secretariat vehicles towards the circular road and the congestion of traffic at Panjtirthi, Chowk Chabutra and Dhounthly Bazar will be cut down to a great extent. Thus the Complex of Mubarik Mandi (old secretariat) and a beautiful legacy left behind by our great rulers will have a sigh of relief.

c Taking pity on the poor foot walkers and considering them as important citizens of India, old crossings/bridges for foot walkers should be constructed at Kachi Chowni, Parade, Shalamar, Gumat, Vikram Chowk and on the road outside Abhinav Theatre. Traffic lights be got fited at main road crossings.

c Law enforcement machinery which is meant to regulate traffic must be heart searching and see for itself with a deep pick to its conscience, as to what type of service they are rendering to society. Besides these steps the Department should take measures to educate the driving people and make them conscious of their duties.

c The traffic week's activity and creativity should be made a regular feature through out the year.

c High ranking officers of the Police as well as the Traffic Department should arrange lectures and seminars in schools and colleges, because today's students, are tomorrow's drivers.

c Public functions should be held at public places. The prominent citizens including political leaders as well as people from education should be involved in addressing the common people and convincing them about the importance of traffic in daily life and hazards of wrong driving. The common people especially the teenagers should be educated about the nuisance of wrong parking and wrong blowing of hours.

c Radio and Television (SITI) discussions pertaining to traffic should be arranged periodically on regular basis.

c Senior officers also should spare time to see the work being done by the blue force. Therefore such a practice will decidedly help in alleviating the heavy and difficult task like control of traffic.

A Viw Point
Bar and bench at loggerheads

By Tahir Khurshid Raina

It is very unfortunate and a State of dismay for the conscientious citizens of the society to see the two pillars of the judiciary i.e. Bar and the Bench at loggerheads . Their such action has brought the entire institutions under cloud and has crippled the legal system. The Jammu Bar Association is on strike for the last one month against the initiative of the Hon'ble Chief Justice of the State for opening of the circuit courts in some adjoining areas of Jammu city. At the part of Hon'ble Chief Justice the step has been taken to give a speedy disposal to the cases so as to bring considerable decline in the backlogs and also to take justice to the door-steps. It is also said that this step is in line with the recently propounded scheme of the fast track Courts by the Central Law Ministry and as per the recommendations of Eleventh Finance Commission.

However, the Jammu Bar Association has assailed the move vehemently and vociferously on many courts and thus demanding to rescind them. Their view point is that instead of giving speedy justice they will put to peril the Judicial sytem itself. They also strengthen their view by citing the recently given judgement of the Hon'ble Supreme Court in which the Fast Track Courts have been condemned and described as 'Slow Track Courts'. The Bar Association is even of the opinion that the real scheme of Fast Track Courts as propounded by the Centre has not been truely appreciated by the Hon'ble Chief Justice and instead his Lordship has formulated his own circuit court scheme which he is implementing and will work against the interests of the litigants, lawyers and the legal institutions.

Reserving my own comments on the merits and demerits of the scheme what I submit here is regarding the serious repercussions and the filthy atmosphere going to be created by this tug of war between the Bar and the Bench and the blow it will inflict to the system and the society.

Notwithstanding to the fact that judiciary is the only limb of democracy in the country which has remarkably performed in saving and giving true spirit to various rights of the people as enshrined in the constitution. But the fact remains that judiciary is at the moment facing severe criticism for the delayed dispensation of justice and huge backlogs. To do away with this grim situation some serious steps are in fact needed but the desired targets will be achieved only by the joint efforts of the Bar and the Bench. Never at the exclusion of any of them we can expect good results to happen. Great challenges are before this institutions which will get surmounted only if both will be releasing their responsibilities and accordingly pooling their efforts for maintaining its dignity, status and independence.

The present gloomy situation that has erupted in the State judiciary has brought to halt the entire legal system as a result it has caused much inconvenience to the litigants and the image of institutions has also got tarnished.

In a democratic society the judiciary has a pivotal role to play. The dismal situation prevailing at present is fraught with dangerous consequences and is surely to put the society into jeopardy. If the Bar and Bench are regarding as the two sides of the same coin then both are equally responsible for the growth of the institution. It is emphatically needed that both should always work in tandem to achieve the lofty targets. It would have been more interesting and fruitful if the Hon'ble Chief Justice of the State before implementing the scheme may have taken into confidence the lawyers community as well. Their active participation is essential for the success of the scheme. I am sure, if lawyers views beforehand should have been reasonably heard, a consensus should have come out and the stream of justice should have been allowed to flow speedily, smoothly. Fast Track Courts as they are being called are yet to deliver speedy justice at the door steps; but alas! The normal courts which were somehow moving and providing justice have ceased function for the last one month.

I have few words for my brother colleagues as well. We are regarded as the social-engineers and the protectors of the rights of the people. We are always meant to help in rendering justice to the poor and needy. In no way it ever appear that we are acting as bottlenecks in the way of the process of administration of justice. We have a revered history and a challenging future. At the moment, a far sighted approach is needed. We must be moving towards the settlement of the controversy instead of aggravating it more and more with no substantial output, putting at stake the interests of the Association, institution and of our own as well. We should also keep restraint in involving the harshest step of strike particularly at the outset in projecting our grievances when many other options too are available.

Now, without allowing ago to come in the way, let the two pillars of the judiciary the controversy. My humble suggestion to my Lord Chief Justice is to invite the representatives of Jammu Bar Association for a meaningful deliberations with a condition that lawyers will call off their strikes and the proposed scheme be kept in abeyance for a very short time during which, on regular basis, dialogue will take place and I hope both will reach to a consensus based on rationality and sincerity to ensure speedy, cheap and accessible process of dispensation justice which is inevitably needed at the part of judiciary. (The author is an advocate)

 
 



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