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Manning of Law Secy, Legal Remembrance posts by Sessions Judge
DB takes serious not of state's response
3/23/2015 10:20:39 PM
Early Times Report

Jammu, Mar 23: In a Public Interest Litigation filed by Rufi Khan & Ors final year students of Graduation in Law, University of Jammu, seeking effective prosecution of criminal trials particularly involving capital sentence and life imprisonment with a view to prevent crime, convict the offenders and to make punishments a real deterrent and also seeking direction to respondent to ensure the quality of Public Prosecutors and the guidelines for appointing the Public Prosecutors/ Additional Public Prosecutors in which an application for implementation of resolution passed in a Chief Justice and Chief Minister's Conference on April, 2013, today A Division Bench of State High Court Comprising Chief Justice N Paul Vasanthakumar and Justice Dhiraj Singh Thakur took serious note on the state response and post the matter fortomorrow with the direction to Sr. AAG for informing this court in writing as what intends to do in the context of the resolutions of Chief Justice and Chief Minister conference which was held in the year 2013regarding appointment Law Secretary and Legal Remembrancer and Member Secretary of the State Legal Services Authority .
When the matter was taken up today, State Govt asked for placing of matter before the cabinet again despite the resolutions passed in Chief Justice and CM conference in April, 2013. Sr. AAG Gagan Basotra again expressed inability to apprise the court about this for which the state had taken time and the matter was fixed for the consideration today, as asked by the State. On being argued by the counsel for the state that the Court cannot direct the appointment of the law secy and the Member secretary SLSA, Advocate Rohit Kapoor responded by saying that the state is trying to take different stand today after CM agreed in the conference 2013 whereby he agreed the both these posts will be manned by the Principal & District Sessions Judge not by any bureaucrat and the exercises shall be completed preferably within period of three months.
DB pointed that almost two years have passed, State does not do anything, now DB asked the state counsel to inform as to how many times law Member secretary SLSA ever visited the Tehsil or district when the LOK Adalat is held, than Adv Rohit Kapoor referred to the provisions of the state services SLSA and thereby the member secretary is required to perform various functions during the conduct of Lok Adalat and further pointed that Member secretary has not performed even single function and the court wanted to know from the state counsel as to which of the function have been performed by the member. Advocate Rohit Kapoor further stated that the state is also delaying the issuance of guidelines for the appointments of the public prosecutor which is extremely vital for criminal administration system. As of now in State of J&K, there is no statue or any guidelines for appointments of Public Prosecutors before sessions Court.
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