Mohinder Verma
JAMMU, Jan 12: Notwithstanding the fact that several courts across the State don’t have Judges and the situation is leading to the pendency of cases, the State Government is sleeping over the matter regarding issuance of appointment orders of seven candidates, who were recently selected as District and Sessions Judges. The dilly dallying approach is being adopted despite explicit directions of Supreme Court that J&K Government can go ahead with the appointment of such candidates.
In the writ petition titled Zubair Ahmad Mir and Others Versus State of Jammu and Kashmir and Others, Supreme Court bench comprising Justice Aftab Alam and Justice Ranjana Prakash Desai had on December 14, 2012 issued order mentioning that it would be open to the State and High Court of Jammu and Kashmir to appoint seven candidates selected for the posts of District and Sessions Judge (direct quota) on the basis of the selection test but their appointment shall abide by the final result of the writ petition.
While issuing this order, the Supreme Court had stated that the interim order dated November 23, 2012 shall now remain confined only to Mohd Altaf Khan, whose name was withdrawn by the concerned authorities from the selection list on the ground that he allegedly had close links with Pakistan trained militant, and Pawan Kumar Kundal, who was dropped from the list as he had been inadvertently awarded excess marks in the examination.
“It is surprising that despite Supreme Court’s explicit order that J&K Government can go ahead with the appointment of seven selected District and Sessions Judges, the appointment orders have not been issued till date”, source regretted, adding “on the one hand several courts in the State are lacking Judges and resulting into piling up of cases on the other hand the State Government has maintained cryptic silence over the issuance of appointment orders of seven selected candidates”.
“Had the Government followed the Supreme Court orders promptly, majority of the courts lacking Judges could have started normal functioning and providing respite to the litigants”, sources further said.
The Courts, which don’t have Judges, include that of Additional District and Sessions Judge Kathua, Additional District and Sessions Judge Rajouri, One Man Forest Authority, Additional District and Sessions Judges Bank Cases, Jammu and Srinagar and 4th Additional District Judge, Srinagar and Baramulla. Even the post of Registrar Rules and two posts of Leave Reserve Judges are lying vacant, sources informed.
“In the courts like that of One Man Forest Authority, Additional District and Sessions Judges Bank Cases, Jammu and Srinagar and Additional District Judge Baramulla, large number of cases are pending for disposal and unless these courts get judges justice cannot be provided to the litigants”, they said, adding “the situation is more worrisome as far as the courts dealing with bank cases are concerned”.
In response to a question, sources said, “in view of the Supreme Court directions the ball is in the court of State Government as it is the Law Department which has to issue appointment orders of seven newly selected District and Sessions Judges”, adding “there is no justification in withholding the appointment of newly selected seven District and Sessions Judges”.
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