Mir Farhat
SRINAGAR, Oct 20: Justice T S Thakur of Supreme Court today said that the State Governments should educate its officers what Rule of Law means and how it should be respected.
“I don’t think any State Government or any limb of the State or any agency in the State is providing an opportunity or organizing a conference for its officers, who are equal participants in the process administration of justice, to educate them as to what Rule of Law means and how it should be respected,” Justice Thakur said while delivering his speech on the concluding day of the three-day Judicial Conference ‘Role of Courts in upholding Rule of Law’ at SKICC, organized by National Judicial Academy of India in collaboration with Jammu and Kashmir State Judicial Academy.
“I think National Judicial Academy or for that matter all judicial academies in the States will do a great service to the Rule of Law by opening their doors to all those who have a role to play in monitoring and upholding Rule of Law. This will be a true service to the concept of Rule of Law, and this is not something which will cost much and will not amount to transgressing into their territory; on the contrary will make your (judges) job easy,” Justice Thakur said.
The Supreme Court Judge said judges feel handicapped in upholding the Rule of Law when investigation agencies do not carry out proper investigations into any incident.
“Judge’s job becomes easier in delivering justice when police acts properly and fairly by carrying out credible, fair and scientific investigation. And it will happen only after everyone that includes not only those who investigate cases, but also administrators who take decisions that affect the rights of citizens,” he said.
Justice Thakur began his speech by remarking the conference has been an intellectual feast for him and those who attended it. “The subject which is a part of our constitutional creed but which has much dimensions that it may require much longer conferences to discuss them all, was discussed with such clarity (that) it was a learning experience for all of us. This was made so by outstanding people who spoke to all of us-Justice Koul, Justice Sahi, Justice Reva Khetrapal, Justice Gupta, Justice Alhuwalia from Rajasthan,” the justice said.
Justice said the addresses made by the learned judges are the sum-total of the scholarship and the learning of the authors; they need to be valued and need to be published. “I would request Dr Balram K Gupta (Director National Judicial Academy) to publish them”, he added.
“Rule of law is not confined to courts, Judges or lawyers who appear before them. Rule of Law has a much connotation and if you really want to serve the doctrine of Law in its true spirit then you are to catalyst for other wings of the States also admiring and acquiring themselves with the concept of Rule of Law. It is not such thing alien to police officers”, said Justice Thakur.
Another Supreme Court Judge Justice B S Chauhan said upholding the rule of law should form an integral part of judges’ daily functioning and exercise of power should ensure that it prevails in practical sense.
Justice Chauhan called upon judges to play proactive role in fast-tracking delivery of justice to the people.
He said the citizens of the country should have the confidence that their cases will be heard in even headed and honest fashion according to the Rule of Law and not as per the whims and fancies of those dispensing justice.
Justice Chauhan said a common man feels empowered when rule of law prevails in a country.
Chief Justice of Jammu and Kashmir High Court MM Kumar thanked in his speech to all the participants of the conference.
“The lectures which the learned judges made in their addresses are enrichment to our knowledge of Law. And after attending such conferences one goes back truly enriched and the knowledge which we gained here must be put into practice,” Justice Kumar said.
The Chief Justice said these types of conference and intellectual interactions are rare in the (North) region, particularly in the Valley are missing even though the students here have a hunger for such conferences as their intellectual thirst has not been quenched.
“I would request my teacher and my Professor, Dr Balram K Gupta to hold more such conferences”, he added.
Justice Kumar summed up the presentations and addressed made during the conference saying that it ten sessions were held in the three days to address various facets of Rule of Law including Classical origin of Law, violation of human rights, relevance of Rule of Law among others issues.
Justice Mansoor Ahmad Mir presented the welcome address and Balram K Gupta the concluding address by thanking the participants.
On Saturday, in the conference papers and addresses were presented by Justice M M Kumar, Justice Sanjay Krishan Koul, Justice Rewa Khetrapal, Justice D D Sud, Justice Mukta Gupta, and Justice A P Sahai.
The Conference was attended by the Judicial Officers of District Judiciary of six North Zone States including Jammu and Kashmir, Punjab, Haryana, Delhi, Uttarakhand and Himachal Pradesh and Uttar Pradesh and included at least 200 delegates associated with the delivery of justice through Law.
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