HC for making Spl Tribunal functional

Excelsior Correspondent
SRINAGAR, Mar 11: Jammu and Kashmir High Court today directed the Chairman of the Special Tribunal to make the Tribunal functional at Srinagar from next week.
The direction to the Chairman of the Tribunal was passed after court was informed that despite previous direction from the court the tribunal is not functioning as neither the Chairman nor any of its members has conducted the court proceedings at Srinagar.
“Till such time, the members are posted at Srinagar for hearing of cases, the Chairman, J&K Special Tribunal is directed to hear the cases at Srinagar either by himself for one week or send a member from Jammu for hearing of cases at Srinagar in the week commencing from March 14”, directed the Division Bench of Justice MH Attar and Justice B S Walia.
Court while passing the direction observed that the people of Kashmir valley cannot be left without any redressal forum, which is created by the Statute. Court has already said that the executive wing of the Government is duty bound to provide redressal mechanism to the people for which legislative enactment is already in force.
“The litigant public cannot be left without redressal forum. Inaction on part of the respondent State in non-supplying of the vacancies of Chairman and member of the Commission tantamount to denial of the justice to the people of the State”, court had observed while expressing its anguish and displeasure over the act of authorities.
Court had directed the Chairman of Tribunal to ensure that at least once in a week its court will hear the cases here at Srinagar and he (Chairman) in this regard shall make the arrangement.
With regard to issue of lifts which are non-functional at District Court Srinagar, court directed Managing Director of J&K SICOP to ensure that the lifts fitted in the court are made operational and functional within a week’s time.
About the salary part of daily wagers of court, appearing counsel for Registrar General High Court Javed Iqbal submitted before the bench that the issue could not be taken up with the authorities as he was not provided the court order in which direction about salary of employees was passed.
Court accordingly asked the registry to furnish the previous court order as also today’s order to counsel as well as Registrar General of the court today itself and till such time deferred the consideration of status reports and compliance reports filed by various authorities in terms of previous court direction and the matter has been ordered to be listed as case No.1 from the week commencing March 21.