Excelsior Correspondent
Srinagar, Aug 20: The State High Court today passed strictures against the Government for abolishing the posts of Judicial Officers in the State and directed for their continuance.
The Division Bench of Chief Justice N P Vasanthakumar and Justice Hasnain Maoodi passed strictures against the State Government after State Cabinet abolished these posts yesterday.
After making clear that Rs 112.18 Crores is earmarked for five years by the Central Government for additional Courts/Fast Track Courts and re-designing Existing Courts, the HC said there should not be any hitch for the Government to keep 38 posts of Special and Additional Mobile Magistrates alive.
“In such circumstances, we are of the view that there may not be any difficulty to continue the 38 Additional/Special Mobile Magistrate Courts even beyond 31.08.2015 without any financial liability on the part of the State Government”, court directed.
Court has given the reference of 14th Finance Commission which is commencing from 01.04.2015 to 31.03.2019 and in “this Central Government has tentatively decided to sanction 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 Adalat and capacity building activities under 14th Finance Commission”, court said.
Court while giving the reference of proposal of Justice further clarified that a sum of Rs. 112.18 crores is earmarked for State of Jammu and Kashmir for Additional Courts/Fast Track Courts & Re-designing Existing Courts.
“A sum of Rs. 25.33 crores is earmarked for Additional Courts and Rs 48.35 crores for Fast Track Courts is to be sanctioned and Rs.38.5 crores for Re-designing Existing Courts working in the State”, court mentioned in its order.
Court during the proceeding of the matter observed that about 15,000 cases are pending in these Courts as on 30.06.2015 as per the details furnished by the Registry and continuance of 38 Courts which are in existence as on date is sought to be ceased from 31.08.2015.
The Secretary, Ministry of Law and Justice, Government of India have been impleaded as party respondents in the matter and on whose behalf Union Counsel S A Makroo accepted the notice and sought time to seek instructions from the concerned official.
Advocate General, Jehangir Ganai, sought time to get response from the Government with regard to the proposal under the quote “Finance Commission” and make statement as he submitted that even though the proposal is furnished, no amount has been released by the Central Government as on date.
Suo moto Public Interest Litigation was taken up by this Court noticing the fact that 38 Additional/Special Mobile Magistrates and staff attached to the Courts which have been established under the 13th Finance Commission in lieu of creating morning and evening courts for improving justice delivery system were not paid salary from March 2015.
Court posted the matter for further consideration and response from the Central Government on August 25.
Follow our WhatsApp channel