Shaikh Shakeel Ahmad
During the past one decade if any institution which has been successful in winning the hearts and minds of people of trouble torn Jammu and Kashmir State is the highest court of the state i.e High Court of J&K which has in real terms proved to be the custodian of the fundamental rights of the citizens. No doubt there is huge pendency in the court because of poor strength of judges as against the sanctioned numbers but even then the state high court has rendered path breaking judgements thereby restoring the faith of people in the system.
The Public Interest Litigations (PIL) have done yeoman service in a state which is ranked number two in graft in the country. I may not be wrong in saying so as there is institutionalised protection for the corrupt in this state and it is only because of PILs and active intervention of the courts when door was shown to the high-ups involved in scams and acts of omission and commission.
It is often said that when executive fails the courts step in and this has been really substantiated by the intervention of the State High Court in various public oriented petitions right from conservation/protection of world famous Dal Lake to prosecution of tainted officials. The State High Court is not lagging behind in discharging its constitutional obligation of vindicating rule of law and had many a times treated even simple letters written by law abiding citizens as PILs and without wasting time acted upon them only to deliver justice to the citizens and restore faith in judiciary.
The following important cases will demonstrate the contribution of the highest court in the state for coming to the rescue of people when executive miserably failed to discharge its obligation. A law student from Jammu flashed a letter to the then acting Chief Justice V K Jhanji pointing out non-illumination of city’s only flyover where number of deaths and accidents were reported and the said letter was treated as PIL after which this stretch was illuminated – a job that executive should have executed without this intervention.
In another case the State Government appointed a tainted academician as Chairman of J&K Board of School Education (JKBOSE) knowingly that he was indicted by State Vigilance Organisation (SVO) and was facing disciplinary proceedings. The matter was brought into the notice of the Division Bench then headed by Chief Justice M M Kumar (Since retired) orally in a PIL seeking prosecution of tainted officers and the Division Bench took cognisance of the matter and put General Administration Department (GAD), Education and Higher Education Department to notice requiring them to explain as to why a person facing corruption charges was elevated to the coveted post of Chairman BOSE.
After threadbare scanning of records and hearing rival parties the State High Court in a historic judgement removed the tainted official from the coveted post of Chairman and sent a signal to the Government that if a person was facing corruption charges he or she should not be given a public dealing post. The said significant judgement of the State High Court was upheld by the Apex Court of the country.
In a PIL a citizen wrote a letter to the then Chief Justice M M Kumar that the Deputy Commissioner of Srinagar was involved in infamous Gulmarg Land Scam and he should not have been holding this office of public dealing and at least in capital cities the Deputy Commissioners must have clean track records. The Division Bench put GAD to notice and initially asked the senior Additional AAG to prevail upon the state to replace the tainted bureaucrat.
Since the then dispensation was all out in support of the then Deputy Commissioner as such the matter was sought to be prolonged by seeking repeated adjournments and reprimanding such conduct the Division Bench then headed by Chief Justice M M Kumar in a judgement of far reaching importance directed the State of J&K to immediately relieve then Deputy Commissioner forthwith and observed that at least the capital cities of Jammu and Srinagar should have been spared and such officials who were involved in corrupt practices kept at a bay.
The GAD instead of implementing the said judgement treated it as interference in its administrative affairs and preferred a Special Leave Petition (SLP) in the apex court using all paraphernalia for shielding their blue eyed holy cow. The Apex court did not interfere with the judgement and the state of J&K instead of getting its SLP dismissed preferred to withdraw the same. Ultimately the tainted Deputy Commissioner was removed to a insignificant post thereby authenticating the view expressed by the Division Bench of the State High Court.
BCCI provided more than Rupees one hundred crores funds to the Jammu and Kashmir Cricket Association (JKCA) for raising the standard of cricket and building infrastructure in state of J&K and not only this but for constructing international level stadium in Bajalta, Jammu where even land was identified. But the funds were siphoned off by the JKCA officials by opening fake accounts in various branches of J&K Bank and the then Chairman JKCA lodged an FIR at police station Ram Munshi Bagh, Srinagar for investigating the scam.
Numerous applications and RTIs were filed seeing status of investigation by sports lovers but it was always reported by police that ‘Investigation is in progress’. Everyone in state of J&K was conscious of the fact that there will be no fair investigation at the hands of local police as there was a tacit word from the corridors of power to ‘Go Slow’ in view of alleged involvement of some VVIPs.
Again the J&K High Court was approached by two former cricket players and the Division Bench on various dates of hearing expressed its displeasure over the manner of investigation and even sought personal appearance of SSP, Srinagar and IGP Kashmir. In view of the failure of local police in unearthing the scam the matter was finally entrusted to CBI for a thorough probe within a period of six months. The said judgement has again restored the faith of a common person in the rule of law and those who were claiming to be above law were made to face the music of same law.
It is only in an order passed by the Division Bench of the State High Court in a PIL that challan was presented against former Divisional Commissioner, Kashmir in infamous Gulmarg Land Scam and further GAD was directed to forward the papers of then Deputy Commissioner Baramulla to DOPT, Government of India for obtaining sanction for his prosecution in the said land scam which was ultimately granted and the said Deputy Commissioner along with others is presently facing prosecution in the court of Additional Sessions Judge, Baramulla.
The judicial activism displayed by the State High Court can’t be summarised in this article but the kind of justice people have received or will be receiving in years to come will never go unsung. Meantime the law students/young lawyers in both the wings of State High Court are doing commendable job in bringing out issues of wide public importance like banning sports stadiums/grounds for non-sports activities, banning conversion of agricultural land for commercial purposes, removal of encroachments from state lands, stopping constructions across the banks of rivers/water bodies, stopping alienation of lands in the nature of Gair Mumkin Khads, conservation of forests and providing better road connectivity in inaccessible areas.
(The writer is a RTI/PIL activist and practising lawyer in J&K High Court)
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