Mohinder Verma
JAMMU, July 18: The important judgment of the Apex Court of country pertaining to expeditious disposal of the cases registered under Narcotics Drugs and Psychotropic Substances (NDPS) Act has finally received due attention of the State Government with Law Department moving a proposal for creation of Special Court(s).
The Supreme Court in its judgment in a case titled Thana Singh Versus Central Bureau of Narcotics delivered on January 23, 2013 had directed the State of Jammu and Kashmir where the pendency of cases over five years is high, to establish Special Courts which would deal exclusively with offences under NDPS Act.
About the number of Special Courts, the Apex Court had directed that these courts must be proportionate to and sufficient for handling the volume of pending cases in the State.
However, the State Government remained slept over the issue despite the fact that repeated communications about adherence to the Supreme Court directions were sent by the State High Court through Registrar General. Even in the recent past a fresh communication was dashed to Law Department in this regard, sources told EXCELSIOR.
As there was no response from the Government, Division Bench of the State High Court few days back expressed serious concern over the attitude of the Government and directed the Secretaries of the Home and Law Department to comply with the directions of Apex Court in letter and spirit before September 1 or appear in person to explain their conduct.
“As there are now administrative as well as judicial orders from the High Court on the subject, Law Department has moved a proposal regarding establishment of Special Courts to deal with cases registered under NDPS Act”, sources informed, adding “the Law Department has sought concurrence of the Finance and Planning Departments, which are expected shortly”.
In response to a question, sources said, “neither the High Court has recommended the number of Special Courts nor the Law Department has arrived at any decision in this regard”, adding “following the concurrence of Finance and Planning Department, the proposal regarding creation of Special Courts would be placed before State Cabinet for approval”.
Prior to approaching Cabinet, the Law Department in consultation with High Court will have to reach at the conclusion about the number of such courts on the basis of quantum of cases registered under NDPS Act across the State.
“The districts of Pulwama, Shopian and Anantnag are notorious for cultivation of narcotics drugs and several areas in these districts have well knit drug cartels as such establishment of Special Court to deal with offences under NDPS Act are required to be established for these districts”, sources stressed.
“Similarly, Special Courts are also required to be established for the districts of Samba and Kathua, where seizure of narcotics drugs smuggled from Kashmir valley is more as compared to other parts of Jammu”, sources said.
Establishment of Special Courts is imperative so that those indulging in poisoning the lives of people by providing narcotics drugs are punished within shortest possible time. This would have deterrent effect on the menace of drug smuggling.
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