news details |
|
|
| Govt asks Jammu Bar to call off strike | | |
Srinagar, Aug 04: Terming the Jammu Bar Association`s 38-day strike as illegal, Jammu and Kashmir government on Friday said it would take a reasonable stand in court if lawyers call it off and take legal recourse for seeking the transfer of the sex racket case outside the valley.
"I appeal to the lawyers of Jammu to call off their strike as people are suffering as they are unable to get their work done in the courts," Deputy Chief Minister Muzaffar Hussain Baig told the state assembly.
He said the state would take a reasonable stand if lawyers take legal course for seeking the transfer of the case outside Kashmir valley.
"The lawyers can apply for transfer of case under Article 226 of the Consitution. There is a provision in the Criminal Procedure Code as well and the option of directly approaching the Supreme Court under Article 32," Baig, who is also State Law Minister, said.
Referring to a Supreme Court observation that lawyers cannot strike work, he said the lawyers` strike was illegal.
Chief Justice of India (Y K Sabharwal) also reiterated it during his address at the diamond jubilee celebrations of High Court, he added.
He said though the government has the power to transfers cases from one court to another but in this particular case, questions will be raised which will be difficult for the government to answer.
"People will say that evidence and witnesses were available in the valley and the transfer of case would weaken the case," he said.
"It would be better if the accused move an application for the transfer of the case. I believe that senior IAS officer M Iqbal Khanday has moved an application in the court to this effect," the Deputy Chief Minister said.
He said the Kashmir Bar Association resolution barring its members from appearing for the accused in the sex racket case was also illegal as every person has a right to defence.
According to reports some lawyers who wanted to appear for the accused have been threatened and humiliated by Kashmir Bar Association and Dukhtaran-e-Millat, he said.
Some lawyers have been spat at. One lawyer from Jammu, who came here to represent an accused, claimed that he was threatened at gun-point, he said.
However, national conference MLA Ali Mohammad Sagar said the legislature should not interfere in the case as it was subjudice.
"Unfortunately, rightly or wrongly we, the legislators, have been named in the case. When we are under the scanner, how can we decide on it," he said.
Describing the case as ticklish, he said it should not be raked in the house or else "I do not know what (revelations) will come out of it."
Sagar said there were media reports which indicated the involvement of Members of Legislature and even Baig had called a press conference in which he had indicated involved of high profile persons of the state.
He said the case should be left to the High Court, which is monitoring the CBI investigations.
Harshdev Singh of Panthers party, however, suggested a dialogue between the government and the Jammu Bar for ending the strike.
|
|
|
|
|
|
|
|
|
|
|
|
|
| |
| |
|
|
|
|
 |
|
|
