Mohinder Verma
JAMMU, Apr 2: Over 2100 cases registered under Narcotics Drugs and Psychotropic Substances Act (NDPSA) are pending for disposal as successive State Governments have failed to act on the repeated communications from the High Court of Jammu and Kashmir regarding establishment of Special Courts as directed by the Supreme Court of the country.
The Apex Court of the country vide its judgment dated January 13, 2013 passed directions to J&K to establish, in consultation with State High Court, Special Courts to deal exclusively with offences under the NDPS Act.
Pursuant to these directives, the J&K High Court sent some communications to the Department of Law, Justice and Parliamentary Affairs of J&K Government in the year 2013 for strict compliance to the directives of Supreme Court.
Even in the year 2014 several reminders were sent to the Law Department by the then Registrar General(s) of the J&K High Court stressing the need to expeditiously establish Special Courts to deal with NDPSA cases.
Exhibiting the confused state of mind of those at the helm of affairs in the Department of Law, Justice and Parliamentary Affairs, in the month of September 2014 the High Court was told that TADA Court, Jammu may take up NDPSA cases. However, the suggestion was turned down by J&K High Court with the observation that TADA Court at Jammu was designated as Fast Track Court to deal with rape cases besides the TADA cases as such it was not possible to assign NDPS Act cases to this court in Jammu district.
Even during the month of February this year, the Registrar General of the High Court approached the Law Department through communication dated February 12, 2016 stressing the need to establish Special Courts as directed by the Supreme Court. “You were requested to take requisite steps for implementation of the judgment of the Apex Court and all the queries raised in the matter since July 2013 have been duly responded. Although considerable time has lapsed, yet the Special Courts have not been established till date”, reads the communication of Registrar General addressed to Commissioner/Secretary, Department of Law of J&K Government.
However, no step has been initiated by the J&K Government till date to translate directions of Apex Court into reality, sources informed.
As per the data available with EXCELSIOR, a total of 2173 cases registered under NDPS Act are pending in Jammu and Kashmir. Of these, 357 cases are pending in Anantnag district, which is considered as hub of narcotics cultivation. Anantnag is followed by Pulwama with 276 cases and Jammu district is at third place with 269 pending cases.
A total of 154 cases are pending in Kathua, 85 in Udhampur, 51 in Samba, 11 in Kishtwar, 41 Doda, 55 in Ramban, 51 in Reasi, 72 in Rajouri, 13 in Poonch, 205 in Srinagar, 198 in Baramulla, 64 in Kupwara, 42 in Bandipora, 5 in Ganderbal, 51 in Budgam, 48 in Shopian, 117 in Kulgam and 4 each in Leh and Kargil districts.
“It seems that J&K authorities are not serious in ensuring that those who are poisoning the lives of people particularly youngsters are given exemplary punishment”, sources said, adding “had there been any seriousness the Special Courts as recommended by the Supreme Court and stressed by the J&K High Court during last three years would have been established till date”.
According to the sources, the non-seriousness on the part of J&K Government has also been viewed seriously by the Apex Court and some stringent orders are likely in near future.
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