*Govt only issuing statements, fails to ensure coordination
Mohinder Verma
JAMMU, June 22: Astonishing it may sound but it is a fact that six years is not sufficient period to set-up 22 legal cells with merely 44 employees in Jammu and Kashmir although these units will help the Government in properly defending cases in the courts of law and help in checking frivolous litigations against the departments.
Official sources told EXCELSIOR that in 2011 the then Government formulated State Litigation Policy on the analogy of National Litigation Policy to address various issues responsible for burgeoning litigations against the Government in various courts and other legal forums. The policy was based on the recognition that it is the responsibility of the Government to protect the rights of the citizens and respect their fundamental rights while avoiding indulgence of the State into unnecessary litigations.
One of the provisions of the Litigation Policy relates to establishment of effective Legal Cell in every Administrative Department headed by a Law Officer and Nodal Officer of Administrative Department with support staff. The objective behind such Legal Cells was to monitor State cases in all the courts in close liaison with Government counsels.
This provision was kept in the policy on the ground that Law Department acts as a support system for all the departments by laying legal road-map and offering legal opinion, which subsequently helps in checking unnecessary litigations against the Government. Moreover, such cells have the mandate to ensure proper implementation of directions of the courts.
“However, despite lapse of six years no such cell in any of the 22 Administrative Departments has been established by the Law Department. This is notwithstanding the fact that successive Law Ministers made announcements in this regard in the official meetings for umpteen times”, sources said.
While reviewing the functioning of Law Department on May 6, 2015, the then Law Minister Syed Basharat Bukhari stated that no stone will be left unturned to ensure effective implementation of State Litigation Policy and issued directions for finalization of proposal regarding creation of posts for full-fledged Legal Cells in each Administrative Department.
Accordingly, a detailed exercise was carried out in the Law Department and thereafter a proposal for creation of around 44 posts was submitted to the Finance Department for approval in view of involved financial implications albeit not of enormous amount. “Since then a number of statements have been issued even by the present Law Minister Abdul Haq Khan highlighting the importance of Legal Cells in all the Administrative Departments but there is absolutely no development mainly because concern for implementation of this provision of Litigation Policy has remained confined to official statements”, sources regretted.
“Had there been proper follow-up and coordination between the Government departments Legal Cells would have been established much earlier”, they said, adding “instead of issuing statements the Law Minister should have personally held discussions with the Finance Minister and get the issue of creation of posts resolved in one meeting only after all this is the issue of checking burgeoning litigations against the Government”.
Sources informed that in view of non-clearance of the proposal regarding creation of posts for Legal Cells, the Law Department has submitted proposal in this regard to Committee for Cadre Review headed by Principal Secretary to Government, Home Department which was constituted by Government vide Order No.573 dated May 11, 2017. The Terms of Reference of the Committee include review the strength and composition of J&K Legal (Subordinate) Service.
It is pertinent to mention here that the Legal Cells would ensure timely receipt of copies of various directions from the courts and examination of the same so that all legal issues are properly addressed, the delay in which otherwise puts Government and its senior functionaries in embarrassment and invites adverse remarks from the judiciary.
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