B L Saraf
Honourable Chief Justice of Jammu and Kashmir and Ladakh Union Territories, N Kotiswar Singh has struck a powerful cord of sympathy with the peoples of two UTs. It is quite in fitness of things for an incumbent head of the state judiciary, who has to preside over the justice delivery system of a place, to strike an emotional bond with the people living there. But coming from a person who belongs to Manipur, people where of have undergone trials, tribulations and suffered trauma similar to those which the erstwhile J&K state have gone through, the words of Honourable CJ carry a great deal of sincerity.
As reported, while felicitating journalists for the good job done, the Honourable CJ said to a gathering assembled in the Press Club Jammu ” I have come from Manipur. But I can understand your feelings the trauma you have gone through because of the inimical forces. Nobody wants violence but it has been thrust upon us.” And added further “I fully understand and appreciate the problems and issues faced by the people here. It has always been my understanding that the judiciary has to full fill its constitutional obligation to give speedy justice to poor and marginalized.” Though spoken to a select gathering, these words will, no doubt , resonate far and wide in Jammu and Kashmir and Ladakh. Indeed, a pleasant way to commence the tenure!
Benjamin Disraeli , speaking in House of Commons in 1851 , said ” Justice is truth in action .” For us the Truth at the moment is that most people in J&K are desperate and helpless. Made so, essentially, by what Hon CJ has rightly called “inimical forces” and partly by the elements in Nature. Our High Court recognized this truth. The way it dealt with the after effects of the 2014 flood fury in the State and tried to come to the rescue of the devastated population, meaning of the Disraeli’s words came alive in flesh and blood. In the sensitivity shown and humane approach adopted by the High Court then we have had a glimpse of a rare aspect of justice delivery system revealing itself. Earlier, we witnessed such activism in 2005, when many parts of the state were devastated by an earthquake. Rather than making a sufferer of the floods and the tremor to wait in a long queue to claim compensation from various state or non -state organizations, payable under law and then come to the courts, doors were thrown open to the new avenues’ of judicial redressal, without waiting for a formal prayer. In the minds of those affected by the calamity this move of the Court made a favourable impression.
It is to state obvious that over the years Indian democracy and its constitutional ideals have been served well by the country’s Apex Court and other constitutional courts. Their judgments have expanded the boundaries of human rights, cemented the democracy and reaffirmed faith in secularism. It will be appropriate to recall what the Hon Supreme Court said on 27th Feb while dismissing a petition which sought a direction to restore the names of places changed by the foreign rulers. The two judge bench said “a country cannot remain a prisoner to the past and court should not be an instrument to create havoc.” It went on to say that India is wedded to the rule of law, secularism, constitutionalism of which Art 14 stands out as a guarantee of both equality and fairness in state actions.
For variety of reasons, in J&K basic human rights of the citizen have come under a great strain. Then, various communities of the society have to confront myriad community specific issues. The internal displaced Hindus of Kashmir have to contend with existential issues. Their physical existence as also the spiritual one are on the verge of extinction. Similarly, POJK and West Pakistan refugees continue to struggle to have basic amenities and over the period of time their problems, instead of getting solved, got multiplied manifold. They have been looking up to the judiciary for an adequate redemption. The Hon’ble C J’s endeavor to give speedy justice to the needy will certainly comfort them. In this situation, the benign intervention of the honorable High Court is highly desired. The sympathetic words of Hon’ble CJ are very appropriate and timely. Moreover, it is indicative of His Lordships concern to protect basic human rights of the people and, at the same time, shows that Court is alive to its Constitutional mandate. This may give a renewed hope to the residents that under the leadership of the Hon Chief Justice there will be push for respect for the human rights of the beleaguered people and rekindle people’s faith in effective working of justice delivery system in the two UTs that their rights will be vindicated well in time.
After all, one has to have due regard for Ralph Binnche – 1950 Nobel Prize winner for Peace – when he says “Inalienable rights can never be enjoyed posthumously “.
Honourable C J rightly described media as a vital organ of the State and acknowledged the “stellar “role it played in chronicling the growth story. But, to a discernible there was a hint of advice also in the statement when His Lordship made a point that the media ” can’t afford to go wrong on facts .” One hopes that this advice is taken in a right spirit. It is imperative for the media as also for the other organs of the State to be faithfull to the sanctity of facts. Today, unfortunately, a section of audio-visual media is perceived to have abdicated its duty cast on it as a 4th Pillar of the State – to be the true narrator of the facts.
(The author is former Principal District & Sessions Judge)
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