Early Times Report
Jammu, Sept 3: Under the guidance and patronage of Chief Patron of State Judicial Academy, Justice N. Paul Vasanthakumar, Chief Justice, High Court of Jammu and Kashmir and Committee of Judges, State Judicial Academy (Mr. Justice Muzaffar Hussain Attar, Chairman, and Mr. Justice Janak Raj Kotwal, Member), Jammu and Kashmir State Judicial Academy organized two days orientation programme commencing today in 'Forest and Wildlife Conservation for the Judiciary' in collaboration with WWF-India and Legal Initiative for Forest and Environment (LIFE) at Jammu.
The programme was inaugurated by Justice Janak Raj Kotwal, Judge, High Court of Jammu and Kashmir. Other dignitaries who also graced the inaugural function were Moulika Arabhi, Advisor, Centre for Environmental Law, WWF-India, Suresh Chugh, IFS, Chief Wildlife Warden, J&K and Vibodh Gupta, Advocate and Member, J&K Legislative Council.
In his inaugural address, Justice Janak Raj Kotwal emphasized that the District Courts can address to environmental issues while enforcing individual rights and duties. The environmental matters are often mixed up in deciding the individual or collective rights.
In the suit for injunction, representative suits under Code of Civil Procedure to protect local environment, the trial courts can insist upon maintenance of balance in environmental issues.
Before granting injunction in property matter, the courts can insist on the development plan of the house or locality. In the matter of drainage the courts can ensure that the ultimate course of effluent is connected to proper drainage. His Lordship referred to Constitutional provisions which imposes a duty upon all of us to protect and preserve the environment.
Justice Kotwal also felt that while the Supreme Court, High Courts and the National Green Tribunal are very proactive on environmental issues, the judiciary in Jammu and Kashmir needs to be enlightened on the aspects of environment.
He urged the Judicial officers to play a catalytic role in forest and wildlife conservation.
Speaking on the occasion, Vibodh Gupta, Advocate, Member of Legislative Council emphasised on the need to conserve small water bodies within our cities and villages.
Abdul Rashid Malik, Director, J&K State Judicial Academy in his address while introducing the subject referred to Bhopal Gas Tragedy case as the worst industrial disaster in human history. He highlighted the role of then District Judge, Bhopal who while invoking Section 151 of Code of Civil Procedure ordered an interim compensation of Rs 3500 million at the time, when the legal frame work relating to environmental issues was at developing stage but the Bhopal Gas tragedy made us aware about the importance of environmental jurisprudence. |
