Lawyers stage protest
Excelsior Correspondent
SAMBA, Nov1 : The Government order snatching powers of registration from courts in the newly carved out Union Territory of Jand K and handing over the same to Revenue Department is snowballing into a big controversy with J&K High Court Bar Association warning strike while some district Bar associations coming to streets in protest.
While Bar Association, Samba (BAS) held a strong protest against handing over court work to the Revenue Department after conversion of Jammu and Kashmir State to Union Territory, the Kathua Bar Association submitted a memorandum top DC Kathua demanding immediate revocation of the decision.
BAS Samba, while holding protest warned that if the Government entrusted the functioning of the court to the Revenue Department under the new law, then fierce movements will be launched in J and K.
Bar Association, Samba president, Advocate Subhash Singh Sambyal said that the Government has abolished the right to register the land from the courts and handed it over to the Revenue Department, due to which the people will face problems and it will increase corruption. The Government had already been made aware of this, but despite our pleas it did not take any step to redress the problem, forcing the Bar to launch strike, he added.
He said the Revenue Department has become the den of corruption and now the Government has done the work of promoting corruption by giving all the rights to the Revenue Department which the Bar Association will not tolerate. He has appealed to the Chief Justice of the country and the Lieutenant Governor of the State to intervene in the case and give all the powers to the courts which were earlier with it.
Other members of the Association including Advocate, Rakesh Kumar, Advocate, Sahil Bharti, Advocate and Rahul Sharma, also addressed the protesters.
A delegation of District Bar Association (DBA), Kathua led by its president, Advocate Ajat Shatru Sharma called on Deputy Commissioner, Om Parkash Bhagat and submitted a memorandum to him which was addressed to the President of India, Ram Nath Kovind. The delegation demanded for its onwards transmission to President of India.
There were two main demands mentioned in the memorandum. One was regarding the shifting of registration powers to the revenue officers from the Judicial Officers and the other demand was granting domicile Status to the residents of the Union Territory of J&K.
Through this memorandum the Bar Association demanded the complete roll back of order(s) and notifications of transferring of powers of registration of documents to revenue officials instead of judicial officers under ‘the Registration Act 1908’. The delegation apprised the Deputy Commissioner, Kathua that they have already welcomed and hailed the decision of revocation of Article 370 which was step taken in national interest.
With the extension of Central laws ‘The Registration Act, 1908’ the internal arrangement of Registration powers lying with the Judicial officers should not be changed under the new Act. But the predecessor Governor, Satya Pal Malik has changed the internal arrangement by delegating powers of Registration of legal documents to revenue officers instead of judicial officers.
The delegation said this step was a wrong decision taken in routine manner which has wider consequences across the whole newly created Union Territory of J and K. “As we know the development & progress of J and K State was already jeopardized due to militancy and separatism sponsored by our neighbouring country, Pakistan which is sponsoring the secessionist activities in entire J and K State. After the land reforms in J and K, the disputes so arisen thereafter have been assigned to the Revenue Courts for the adjudication & decision. These revenue courts are presided by Revenue Authorities from Naib-Tehsildar to District Collector (Deputy Commissioner). It said also Criminal Procedure Code prescribes the powers of executive magistrates which are also exercised by the same officers. Beside, these officers have to manage and look-after the law and order in district administration and various miscellaneous jobs under different subjects including VIP protocol and grievance redressal of general public on daily basis. The delegation said therefore it becomes difficult for them to handle multiple affairs due to overburden of work. General litigants whose cases are already pending from many years together for decision and these litigants are getting dates after dates but not justice, it added.
Now with the new decision of delegating the registration powers to the revenue officers after taking back from judicial officers, will add fuel to the fire. Moreover, the decision will not only affect the advocates who are doing the convincing work inside the court complex but also affect the general public which has to face hardship in registering the documents.
The copies of memorandum were also sent to Prime Minister, Narendra Modi, Union Home Minister, Amit Shah, Union Minister in PMO, Dr Jitendra Singh and Lt Governor, G C Murmu.
The Association also demanded to suspend work on November 2 and 4 in protest against the decision in support of call given by High Court Bar Association.
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