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| HC directs Secretary Health, CE R&B to appear in person | | BAJ PIL hearing | | Et Report
Jammu, Dec 5 : In a PIL filed by Bar Association Jammu regarding constructions of lawyers' chambers, primary health center, parking, separate road for court complex and fly over from Janipur to Amphalla, Division Bench of State High court comprising Chief Justice MM Kumar and Justice Hasnain Masoodi after hearing battery of lawyers from both the sides observed that on the last date of hearing a detailed order was passed. pertains to the construction of lawyers' chambers in the Court Complex, Jammu.
Senior Advocate DC Raina appearing for the JKPCC had stated that the funds amounting to Rs.1.00 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 shall be able to meet the deadline. Upon this Division Bench made it clear that the work of construction of lawyers' chambers should not be hampered on account of lack of funds. In other words the concern department shall ensure that adequate funds are placed at the disposal of JKPCC. Another issue regarding establishment of Primary Health Centre in the Court Complex at Jammu along with ambulance services also came up for discussion. 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.
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 there are no concrete result achieved so far despite numerous orders passed over the last two years. Division Bench directs Secretary to Government, Health and Medical Education Department, to remain present in person onDecember 16, 2013 so as to apprise Court about the difficulties in providing basic medical services at the Court Complex, Jammu and Division Bench do not wish to emphasize that right to primary medical aid is fundamental right and is a part of Article 21 of the Constitution as has been held 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 Division Bench failed to understand how any emergency could be taken care of. Therefore, the issue has to beviewed in that light. 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 lacs.
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, Division Bench directed Chief Engineer PW (R&B) Department that he shall remain present onDecember 16, 2013 as Court is unable to accept the view taken by the Chief Engineer. In an application construction of flyovers particularly from Janipur to Ambphalla and other parts of the city so as to ease the traffic congestion on various road of the city. Another significant prayer made is with regard to release of funds for construction of Bar rooms along with other issues like temporary parking etc, Division Bench observed that Despite notice, no response has been filed by the respondents and directed that response will be filed before next date of hearing. JNF |
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