Excelsior Correspondent
JAMMU, Dec 5: In a PIL filed by Bar Association Jammu regarding construction of lawyers’ chambers, Primary Health Center, parking, separate road for court complex and fly over from Janipur to Amphalla, Division Bench of High Court comprising Chief Justice MM Kumar and Justice Hasnain Masoodi has directed Secretary Health and Medical Education Department and Chief Engineer R&B to appear in person on next date of hearing.
After hearing battery of lawyers, DB observed, “on the last date of hearing a detailed order was passed vis-à-vis construction of lawyers’ chambers in the Court Complex. Senior Advocate DC Raina appearing for the JKPCC had stated that the funds amounting to Rs1 crore were released and the lawyers chambers would be built up by January 2014. He has reiterated his statement and has further stated that the progress of the work is going on a fast pace and the JKPCC will be able to meet the deadline”.
Division Bench made it clear that construction of lawyers’ chambers should not be hampered on account of lack of funds. “Regarding establishment of Primary Health Centre in the Court Complex along with ambulance services, there are communications, which have been placed before this Court suggesting that the ambulance can be kept at Government Hospital, Sarwal and can be provided as and when an emergency arises”, the DB said, adding “with regard to construction of Primary Health Centre in the Court Complex, the Director Health Services has sent the proposal to the Secretary to Government, Health and Medical Education Department. It appears that everything is being done on papers and no concrete result achieved so far despite numerous orders passed over the last two years”.
Accordingly, Division Bench directed Secretary Health and Medical Education Department to remain present in person on December 16, 2013 so as to apprise Court about the difficulties in providing basic medical services at the Court Complex, Jammu as the right to primary medical aid is fundamental right and is a part of Article 21 of the Constitution as has been held by Supreme Court in various judgments.
“The Court complex attracts a large number of litigants, prisoners, policemen besides the advocates and Judges. Without availability of any primary health services how any emergency could be taken care of. Therefore, the issue has to be viewed in that light”, the DB remarked.
“Senior Advocate MK Bhardwaj, President Bar Association Jammu has made a proposal to connect the Court Complex through Excelsior road with the main road. The suggestion appears to have been considered by the Chief Engineer, PW(R&B) Department and the tentative cost of providing link road has been estimated to Rs 625.73 lakh. However, President BAJ and other senior counsel have pointed out that it is highly exaggerated and a very small road is required to be built up to achieve the connectivity”, the DB said and directed Chief Engineer PW(R&B) Department that he shall remain present on December 16, 2013.
Regarding construction of flyovers particularly from Janipur to Ambphalla and other parts of the city so as to ease the traffic congestion on various roads of the city. Division Bench observed that despite notice, no response has been filed by the respondents and directed that response shall be filed before next date of hearing.
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