Excelsior Correspondent
Jammu, Mar 6: Under the guidance and patronage of Chief Patron of State Judicial Academy, Justice N. Paul Vasanthakumar, Chief Justice, High Court of Jammu and Kashmir and Governing body of State Judicial Academy (Justice Muzaffar Hussain Attar, Chairman and Justice Janak Raj Kotwal, Member), Jammu and Kashmir State Judicial Academy today conducted one day “Special Training programme on Proficiency in Urdu Language and Order Writing and Implications of Supreme Court Judgment in Arnesh Kumar’s case for all Munsiffs/ Judicial Magistrates of 2010 and 2013 batch posted in Jammu province.
Justice Janak Raj Kotwal, Judge, High Court of Jammu and Kashmir, Justice (Retd.) Muzaffar Jan, Ramesh Kumar Wattal, District and Sessions Judge and Abdul Rashid Malik, Director, State Judicial Academy were the resource persons for the programme.
The proceedings were conducted by Abdul Rashid Malik, Director, State Judicial Academy. In his introductory remarks, Mr Malik deliberated upon the need for organizing such training programme. He stressed upon the fact that urdu language is an indispensable part of judicial system and embodies a very rich and creative legacy relating to court proceedings.
Justice Janak Raj Kotwal emphasized upon the Judicial Officers to become conversant with urdu and its use in the interim and final orders as the use of urdu invariably saves time and is also very important from the point of view of witnesses, evidence, pleadings and other stake holders. “There is a profound and rich case law in urdu for the last 50 years and some of the urdu judgments have been preserved in the High Court museum as well”, he said and urged the Judicial Officers that while passing interim orders, they have to be very careful as cryptic orders adversely affect the rights of the parties. “All our orders, final or interim, directly or indirectly determine the rights of the parties and are supposed to adhere to the due process of law”, he further said.
He informed the Judicial Officers that the proceedings of the case files from time to time from Magisterial and other courts will be weighed and assessed and State Judicial Academy will act as a bridge in this regard. “The whole idea is to further improve the judicial skills of our Judicial Officers with the intention to improve the administration of justice and access to justice for all”, he added.
Justice Muzaffar Jan, highlighted the cannons of judicial ethics and the duty of Judicial Magistrates at the time of granting remand. He emphasized the fact that people have a right to judge the Judicial Officers as the Judicial Officers are judging the people. The confidence of the people upon our judicial system is the only asset in our hands and we have to preserve the same at all costs.
Ramesh Kumar Wattal, District and Sessions Judge highlighted the importance of proficiency in urdu in judicial proceedings by referring to the history and background of rich culture of urdu language in the court administration. He informed the Judicial Officers as to how the interim orders can be passed and can be recorded in Urdu in a brief and lucid manner.
Abdul Rashid Malik, Director, State Judicial Academy deliberated upon the duties and responsibilities of Magistrates in light of directions passed in judgment of Supreme Court in Arnesh Kumar v. State of Bihar. He highlighted the directions of the Supreme Court relating to 498-A RPC that existence of power to arrest is one thing and justification for exercise of it is another.
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