Srinagar: Justice Tashi Rabstan, Chief Justice (A), High Court of Jammu & Kashmir and Ladakh, today held a meeting with the Chief Secretary, Atal Dulloo, Secretary Law, Achal Sethi, Secretary R&B, Bhupinder Kumar and other officers of the Administration as well as High Court Registry to review the progress of ongoing infrastructural projects of the judiciary in the J&K.
The Chief Justice (A) emphasised the importance of timely completion of infrastructural projects aimed at strengthening the judicial infrastructure in the region. Discussion focussed on the current status of various projects including the construction of New Court Complex for the High Court at Srinagar and construction of boundary wall of the proposed High Court Complex at Raika Jammu. The emphasis was also laid on the renovation of existing judicial infrastructure and the development of modern facilities for judicial officers and staff of the District judiciary.
During the meeting, the Registrar General, High Court of J&K and Ladakh, Mr. Shahzad Azeem, gave a detailed presentation on the ongoing infrastructural projects and their present stage of construction providing an update on overall progress of the ongoing work. The Chief Secretary highlighted the challenges faced due to terrain, weather conditions and logistics issues but assured the Chief Justice about the timely completion of all projects in time bound manner. The Law Secretary also outlined that the legal and administrative support shall be extended to ensure smooth execution of these projects. The Secretary R&B also assured the Chief Justice, during the meeting, that his department shall be extending full cooperation in accelerating the ongoing construction works and meeting the deadline fixed for them.
The Chief Justice stressed the need for improved coordination among departments to resolve any pending issues promptly. He also highlighted the critical role that modern infrastructure plays in enhancing judicial efficiency and improving access to justice for the people of Jammu and Kashmir.
It was agreed that a comprehensive review of each ongoing project would be conducted regularly to ensure progress is on track. The Chief Justice called for quality control measures to be implemented across all projects and encouraged the use of eco-friendly materials and technology where feasible.
The Chief Justice, who is also Patron-in-Chief of the Jammu and Kashmir Legal Services Authority highlighted the issues of infrastructure pertaining to the Jammu and Kashmir Legal Services Authority and impressed upon the Secretary Law to make all efforts in resolving the said issues and release sufficient funds to tackle the said issues.
Those who were present in the meeting include Principal Secretary to Chief Justice, M.K. Sharma, Member Secretary, J&K Legal Services Authority, Amit Gupta, Additional Secretary Law, Ashish Gupta and Director Finance, High Court, Haroon Ahmad Bhat.
The meeting concluded with a reaffirmed commitment from all participants to prioritize the completion of judicial infrastructure projects, ensuring that the judiciary is well-equipped to serve the people of the UT effectively and efficiently.
The petition states that Bhat sought an earned leave of 40 days from August 25, 2024, to October 5, 2024, to contest the elections, but was verbally communicated that his application was not maintainable due to Rule 14 (1).
Bhat’s petition, represented by Advocate Shafqat Nazir, argues that the rule is unconstitutional and violates democratic principles. He also argues that it is illogical to allow government servants to participate in electoral politics by casting their votes but not to contest elections.
“It is the fundamental right of the petitioner not only to participate in the electoral politics by casting his vote but also to contest against a seat in the Legislative Assembly. It sans logic that a government servant is well within his rights to participate in electoral politics by exercising his right to vote, however, at the same time he is precluded from taking part in electoral politics by standing as a candidate for Legislative Assembly,” Bhat said in the petition.
The petition has been admitted by a Division Bench of Justices Atul Sreedharan and Mohammad Yousuf Wani and listed for hearing on October 21, 2024.
During the hearing, Advocate General D C Raina argued that Rule 14 must be read in conjunction with Rule 13, which bars government employees from criticizing government policies publicly. However, the court found this provision irrelevant to Bhat’s challenge of standing for election himself.
The petition further argues that the rule is inconsistent with the Representation of Peoples Act, 1951, and allows the participation of persons accused of involvement in heinous offences or anti national activities.
The court has issued notices to the respondents, including the Election Commission of India (ECI) and the J&K government, asking them to file their replies within four weeks.The case has far-reaching implications for the political participation of government employees in the Union Territory.
