*GAD, Planning, Finance sitting over several vital issues
Mohinder Verma
JAMMU: “There is a lot of difference between words and deeds”. This proverb is sufficient to describe the functioning of the Department of Law, Justice and Parliamentary Affairs especially with regard to fulfillment of key announcements made on the floor of the State Legislative Assembly during last Budget Session.
Whatever declarations made by former Law Minister, Syed Basharat Ahmad Bukhari concerning judiciary, law makers and ensuring expeditious justice to the people have fallen flat either because of lack of follow-up exercise from Department of Law, Justice and Parliamentary Affairs or because of non-serious approach from the departments of General Administration, Planning and Finance, whose concurrence or approval was mandatory for translating announcements into reality.
The then Minister for Law, Justice and Parliamentary Affairs while getting grants of his departments passed by the State Legislative Assembly during last Budget Session had made several important announcements, which were seen as revolutionary steps by the legal fraternity of the State as the Minister touched those issues which were either not given serious thought by the previous National Conference-Congress Government or were left half-way. But announcements have remained confined to the official files with no tangible result on ground. What to talk of those relating to law makers and common masses even those issues which were projected by the High Court on priority basis have remained unaddressed.
It was announced that Government would set up first ever Law Commission in Jammu and Kashmir on the analogy of Law Commission of India to review the redundant laws and identify laws requiring amendments. But, there is no progress on this announcement although efforts were made to get it translated into reality.
A memorandum regarding Law Commission of J&K is lying with the General Administration Department during the past several months but neither the GAD thought it appropriate to give necessary push to the same nor the Department of Law tried to ascertain the reasons behind the GAD sitting over the file. Due to this, several laws, which require up-dation or repeal are still existing in the law books. Moreover, in the absence of Law Commission Rules of several laws could not be framed despite lapse of several years. This Commission was also required to suggest suitable measures for quick redressal of citizen grievances in the field of law.
The then Minister had also announced to make functional Dehi Adalats—one each in each district of the State but this announcement could not be translated into reality because earlier there was inordinate delay in notification of Rules and now there is slow pace of progress on making selections of Munsiff by the Public Service Commission.
Though the then Minister succeeded in placing District Litigation Officers to ensure implementation of Litigation Policy, the achievement is only 50% as each District Litigation Officer is looking after two districts which is against the spirit of the legislation. The Department has referred 50% posts to the Public Service Commission for appointments after filling up 50% posts under promotion quota but when these 50% posts will be filled up cannot be specified.
As far as issues concerning the expeditious justice, the then Minister had announced establishment of 8 Fast Track Courts of the rank of District and Sessions Judges and 10 Fast Track Courts of the rank of Civil Judges to clear the pendency of cases and to provide speedy justice to the litigants. However, there is no progress on this announcement as Finance Department has not cleared the proposal of the Law Department till date.
The construction of three guest houses for High Court at Jammu, Srinagar and Ladakh, which was also part of the series of announcements made by the then Minister, is still a dream mainly for want of funds and ever since the announcement the Department is exploring the options for funding and even looking at utilization of 14th Finance Commission Award for this purpose. Even digitization of record of Department of Law, Justice and Parliamentary Affairs has not become reality because not only Law Department even Information Technology Department is soft-paddling on the issue.
The announcement with regard to development of judicial infrastructure in a time bound manner has also fallen flat as new Legislature Complex is facing the financial crisis because of enormous and un-explained escalation in the project cost. Similarly, the work on District Court Complex at Mominabad Srinagar is unlikely before August 2016 and no time frame has been specified for the completion of work on District Court Complex at Pulwama.
As far as announcements with regard to the law-makers are concerned, the Department has failed to make any substantial progress. The then Minister had announced to constitute 5-member committee to consider increase in the Constituency Development Fund of the Legislators but whether any committee has been framed and what report it has submitted is not known to anybody. Similarly, there is no progress on announcement with regard to providing office space to the Legislators in their respective constituencies and the proposal is gathering dust in the Planning Department.
As far as Relief and Rehabilitation is concerned, not much headway has been made in facilitating return of migrants to the Kashmir valley and filling up of 3000 supernumerary posts for providing employment to migrant youth under PM’s Package for Return and Rehabilitation of Kashmiri migrants.
All this clearly indicates that there was no regular follow-up on the progress in the implementation of important announcements made on the floor of the House, which otherwise should have received the priority attention of all the concerned departments.
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