*No option left for State but to release funds
Mohinder Verma
JAMMU, Nov 5: In a major setback to the State Government, Supreme Court today dismissed the Special Leave Petition (SLP) challenging J&K High Court order whereby abolition of 38 courts created under 13th Finance Commission was stayed. Now, the State Government has been left with no other option but to release adequate funds to provide salary to 38 Judicial Officers and their staff.
The 13th Finance Commission of India had recommended creation of morning and evening courts in all the States across the country with the sole objective of ensuring improvement in justice delivery by reducing the number of pending cases. In this direction, the Commission recommended release of grant-in-aid to the State Governments for a period of five years from 2010 to 2015.
For three years the concerned authorities of the State Government remained slept over the recommendation for creation of morning and evening courts and later the State created 38 courts of Additional and Special Mobile Magistrates on the ground that climatic conditions don’t permit creation of morning and evening courts. For two years, these courts continued to function with the financial assistance provided under the 13th Finance Commission award. However, from March this year these Magistrates as well as their staff started facing financial crisis as Finance Department chose not to release funds from its kitty to meet the expenditure in running these courts.
After EXCELSIOR exclusively highlighted this issue in its edition dated June 22, 2015, the Division Bench of State High Court comprising Chief Justice N P Vasanthakumar and Justice Hasnain Masoodi took suo-moto cognizance of denial of salaries to Magistrates of 38 courts as well as their staff by the State Government particularly Finance Department.
Accordingly, on July 30, Division Bench of State High Court directed the State Government to release funds for payment of salary to 38 Judicial Officers. Even notices were issued to the Chief Secretary and Law Department for their response and compliance report. In the meantime, State Cabinet in its meeting held on August 19 decided to abolish these courts but after payment of liabilities up to August 31, 2015 on the ground that these courts were temporarily created to be co-terminus with the period of the Award of the 13th Finance Commission.
Taking serious note of the action on the part of State Government, the High Court on August 23, 2015 stayed the Government order regarding abolition of 38 courts with effect from September 1, 2015 on the ground that Central Government has sanctioned sufficient funds for Jammu and Kashmir for setting up Fast Track Courts, Additional Courts, re-designing existing courts and the same could be utilized for running these 38 courts because of their role in bringing down pendency of the cases.
“The State Government cannot shirk its responsibility on the alleged plea of want of funds. It is well settled proposition of law declared by Supreme Court that it is the responsibility of the person running the administration to find out the source to extend the guaranteed rights of the citizens”, the DB had stated while staying the State Government order regarding abolition of courts. Vide Order dated August 23, the DB had also directed for release of the salary of the Presiding Officers of these 38 courts from September 2015 onwards.
However, there was no compliance from the State Government and this led to Division Bench directing personal appearance of Secretary to Government, Department of Law, Justice and Parliamentary Affairs and Secretary to Government, Finance Department.
Aggrieved over the order of the Division Bench, State Government filed Special Leave Petition (SLP) in the Supreme Court challenging the J&K High Court order whereby abolition of courts was stayed and contempt proceedings were initiated against the Law and Finance Secretaries. As far as contempt proceedings are concerned, the stand of the State Government before the Apex Court was that the order was passed without hearing the State Government.
Today, a bench of the Supreme Court comprising Chief Justice of India, Justice H L Dattu and Justice Arun Mishra dismissed the SLP filed by the J&K Government. Senior Advocate Amrendra Sharas along with Advocates Sunil Fernandes, Astha Sharma, Mithu Jain and G M Kawoosa appeared on behalf of J&K Government while as Senior Advocate Gaurav Pachnanda along with Advocates Bharat Sehgal and Srijina Lama appeared for the J&K High Court.
Now, the State Government has been left with no other option but to release adequate funds to provide salary to 38 Judicial Officers and their staff as directed by the Division Bench of State High Court vide order dated August 23, 2015 whereby it had issued directions for release of salary of the Presiding Officers of these courts from September 2015 onwards.
As per the details furnished to the High Court, Central Government has tentatively sanctioned a sum of Rs 172.04 crore for a period of five years for setting up Fast Track Courts, Additional Courts, re-designing existing courts to make them more litigant friendly, providing manpower, technical support and digitalization of case records to enhance ICT environment of courts, Lok Adalats and capacity building activities under 14th Finance Commission.
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