Lawyers appointed for representing the government in the apex court of the country, the state high court and other courts within and outside the Jammu & Kashmir state have to be appointed with proper application of mind on merit and integrity but unfortunately Governor N N Vohra has probably on the recommendations of one of his three advisors B B Vyas holding the portfolio of law department appointed Aseem Sawhney a defence lawyer of the main accused of Kathua minor rape case as additional advocate general. First to react with criticism to the appointment of a highly controversial lawyer who has remained a defence lawyer of one of the main accused of Kathua minor rape case is none else than the former Chief Minister Mehbooba Mufti who has said “Ironic that a day after celebrating World Day for International Justice, the defence counsel in the horrific rape & murder Kathua case has been appointed as Additional Advocate General.” Similar reaction has come from other top mainstream leader and National Conference Vice President Omar Abdullah also a former chief minister who in one of his tweets has said “The decision is both inexplicable & worrisome but if the victim’s lawyer is not unduly concerned by this development the rest of us should just let her get on with the job of ensuring justice for the young victim.”.
Appointments of such controversial people on sensitive positions would always erode the faith of people in the working of the justice delivery system and the integrity of the people running the affairs of the government in Jammu & Kashmir.
Even a popular muslim leader of India’s mainland politics Assad-Ud-Din Owaisi has said “When a lawyer representing accused is appointed as Additional Advocate General this is bound to happen get ready to hear that all accused of Kathua 8 year old girl have been exonerated, it is shocking that Evidence is missing from a sealed envelope”. Barring the criticism of two former chief ministers of the state Mehooba Mufti and Omar Abdullah and Assad-Ud-Din Owaisi of India’s mainland politics the governor owes some explanations to the civil society groups both within and outside Jammu & Kashmir state who often question the working of justice delivery system which no doubt has taken a big hit in last couple of decades in Jammu & Kashmir state. Knowing that the Kathua minor rape case was so bigger an issue of concern that President of India has to issue an ordinance for award of death penalty to convicts of minor rape cases and a similar ordinance had to be issued by the governor on the recommendations of the state cabinet in Jammu and Kashmir too the appointment of the defence lawyer seems to have been ordered without proper application of mind and due process of consultations. Since B B Vyas is one of the three advisors holding the portfolio of law department even naives can understand that Vyas must have recommended the appointment but ultimately the onus of responsibility for approving the appointment of the defence lawyer of Kathua minor rape case accused lies on none else than Governor N N Vohra. Surprisingly Governor just two days back ordered the verification of the Special Police Officers’ (SPOs) appointed during last six years to clear doubts about their antecedents and has now even sought verification of the antecedents of cross LoC traders but on the contrary he has ordered the appointment of a lawyer as additional advocate general despite knowing all about his role as a defence lawyer of the Kathua minor rape case. Appointments of such controversial people on sensitive positions would always erode the faith of people in the working of the justice delivery system and the integrity of the people running the affairs of the government in Jammu & Kashmir.
