*Options being explored to ensure litigants don’t suffer
Mohinder Verma
JAMMU, Sept 14: As retrieval of record from the flood-hit infrastructure across the Kashmir valley is a colossal task before the Jammu and Kashmir judiciary, Chief Justice of the State High Court, Justice M M Kumar has sought the assistance of the archival experts so that maximum possible record could be safely recovered and preserved. Moreover, various options are being explored by the High Court to ensure that the litigants do not suffer in those cases wherein record has completely been damaged.
Highly placed sources told EXCELSIOR that worst ever-natural calamity in the State particularly in the Kashmir valley has posed many challenges before the judiciary particularly in terms of safe retrieval of record from the flood-hit infrastructure and then its preservation for future references and use. No doubt, intensity of the damage to the judicial record varies from court to court but only the expert hands can ensure the safe retrieval in each case.
“The major area of concern is the record in the Srinagar Wing of the High Court, where flood water had risen beyond the first floor of the complex”, sources said. The chances of the record having suffered extensive damage are more in the light of the fact that water remained logged for very long period in most of the judicial infrastructure, they added.
Realizing the importance of safe retrieval of record from the flood-hit infrastructure, Chief Justice M M Kumar has written to the Department of Archives, Archaeology and Museum for deputing archival experts as and when the judicial infrastructure is de-watered, sources informed.
“The Department has been asked to be very careful while retrieving the record and opening the same so that further damages during this exercise are avoided”, they said while disclosing that archival experts make use of some chemicals to minimize the damages to the record due to the water.
Admitting that safe retrieval of the record is a colossal task, sources said, “Everything depends on the skills of the archival experts. But Chief Justice is keen to ensure that as maximum as possible record is safely retrieved and preserved”, adding “a team to be deputed by the High Court would also remain with the archival experts to note down some details from the badly damaged record so that other efforts could be made for rebuilding of such record”.
In case of badly damaged record, assistance of the concerned advocates and Government departments would be sought by furnishing some references, they said while disclosing that there are provisions in the High Court Rules for rebuilding of record in case of any natural calamity.
It is pertinent to mention here that some years back judicial record suffered extensive damage in a fire incident in the record room of Punjab and Haryana High Court and the archival experts played key role in safe retrieval of record as well as preservation.
Stating that Chief Justice does not want litigants to suffer, sources said that several options are being explored in this regard particularly in respect of the civil suits pending in various courts.
About the functioning of the courts in the districts, they said that High Court has decided that judicial officers would be asked to resume functioning only after ensuring that the infrastructure is safe in all respects particularly from epidemic point of view. “The lives of the judicial officers and staff would not be put to any risk although J&K judiciary is committed to ensure early functioning of all the courts across the length and breadth of Kashmir valley”, sources added.
They, however, hoped that res pective district administrations would ensure safety checks of the flood-hit judicial infrastructure at the earliest and make the atmosphere congenial for the smooth working of judicial officers and staff.
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