*Performance of Law Officers, counsels under scanner
Mohinder Verma
JAMMU, June 11: As the Government is sleeping over stalling of major projects due to interim and stay orders, the Jammu and Kashmir High Court has stepped in for the public cause and sought details of all such projects within shortest possible time so as to ensure prompt disposal of litigations. If the volume of such cases will be more, the Chief Justice of the State, Justice N Paul Vasanthakumar may consider constitution of appropriate benches so that intended objective of such projects is achieved without any further delay.
While dealing with a case titled Zahoor Ahmad Shah Watali and Others Versus State and Others pertaining to laying of 220 KV double circuit transmission line from Zainakote to Mirbazar via Alasteng, a Division Bench of Srinagar Wing of the High Court came to know that such a big project of general public importance remained stalled since 2009 on account of interim direction passed by the Writ Court till 2015.
Instead of initiating steps to get the interim order vacated, modified or altered, those at the helm of affairs in the Power Development Department and its counsel (s) continued to adopt non-seriousness approach and allowed the matter to linger on despite being aware of the fact that project on completion would be of immense help for the common masses.
This was viewed very seriously by the Division Bench of the High Court, which vide order dated May 17, 2016 observed, “we wish to record our regrets and anguish that such a big project of general public importance has remained stalled since 2009. Unfortunately, the respondents and the State counsel concerned have been sloppy in as much as they don’t take any step to get the interim order vacated”.
Keeping in view the seriousness of the issue, the DB directed the Advocate General to ascertain if there are more such cases pending in the court involving huge projects of general public importance where the work has been stalled on account of interim orders. “If there are such cases, the Advocate General is requested to furnish the information to the Registrar Judicial of the court, who shall place the same before the Chief Justice for constitution of appropriate benches if need be and for listing the cases before appropriate/roaster benches”, the DB said in its order dated May 17, 2016.
Following this, the Advocate General took up the issue with the Chief Secretary of the State and Department of Law and Justice. “Now, after being shaken from its deep slumber, the Government through the Department of Law, Justice and Parliamentary Affairs, has written to all the 22 Deputy Commissioners with the request to furnish information about the projects which have been stalled due to interim orders from the court and slackness of the concerned counsels to take steps to get the orders modified”, sources said.
The Deputy Commissioners have been asked to forward the list of such cases/projects along with the interim orders to the Advocate General immediately under intimation to the Department of Law, Justice and Parliamentary Affairs.
“The landmark initiative of High Court is a major embarrassment for the Government as basically it is the task of people’s Government to ensure that those who have voted it to power don’t remain deprived of the benefit of any project”, sources said.
They disclosed that project quoted by the Division Bench in its order dated May 17, 2016 is just the tip of an iceberg as there are numerous projects in entire Jammu and Kashmir whose fate is hanging in balance mainly because of failure of the concerned departments and their counsels to get the interim orders modified or vacated by placing the required material or information before the High Court.
They further said, “this has also put not only the performance of counsels representing the departments in the court but also the concerned Administrative Secretaries under scanner as there should be proper coordination between them as far as projects entangled in litigations are concerned”, adding “the Department of Law and Justice is repeatedly asking the counsels representing the departments to furnish lists of such cases for proper monitoring but there is no compliance from the latter”.
“The initiative taken by the High Court would not only help in ensuring early start of work on the stalled projects but would ensure that people get the benefits of the same”, sources said, adding “the initiative of the High Court should act as eye-opener for all the Government departments and they should shun the lethargic approach and come up to the expectations of the people”.
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