Early Times Report
SRINAGAR, May 4: As the fees of lawyers pleading cases of government was putting a huge burden on the state exchequer, authorities have told them to show positive results in their work or their services will be terminated.
The government, Early Times has learnt, was seriously considering how to reduce the fees of lawyers ,who plead cases in different courts in and outside the state.
"There are some lawyers who do not plead cases seriously or there is dereliction of duties," an official of the Law department said. "Directions have gone to lawyers to show seriousness in their work," he added.
Recently, the government terminated the services of Additional Advocate General M A Beigh for "not discharging his duties".
Taking notice of the case 'Mohammad Shafi Sheikh versus State through SHO Police Station Budgam', the Minister for Law, Basharat Bukhari, accorded sanction to termination of services of Beigh as Additional Advocate General.
The Law department found out that the state counsel had not discharged his duties and failed to file reply despite repeated opportunities by the High Court at Srinagar and terminated his services with immediate effect. The HC has stated the lackadaisical, inattentive, and indolent attitude of the State in this case which sends shivers down the spine and projects a tale of woes.
"A battery of lawyers has been engaged by the state to conduct and handle the matters in which the state is a party, but one gets dismayed to see that even in case involving horrifying and serious crimes, the approach of the State is abject, dismal and desolate," the HC order had said.
The official said this was one of the examples when the lawyer was taking fees from the government but not showing much interest in pleading the case.
"There has to be an accountability. Last year alone four of the advocates representing Jammu and Kashmir at the Supreme Court has charged Rs 45 lakh to the state to defend Article 35-A," he said.
"JK Government was prompted to hire eminent advocates as several petitions were filed with Supreme Court," the official said.
He said that Union government has not supported J&K government's, which is seen as a "part of a series of moves by it to weaken state's special status".
The main petition was filed by Delhi-based NGO 'We the Citizens' in 2014. Subsequently, three more petitions, including West Pakistan refugees were filed, challenged the Article, and were clubbed with the main one. The RSS and BJP are also opposed to Article 35-A.
Article 35A is a provision in the Constitution that empowers the J&K Legislature to define permanent residents of the state. It was added through the 'Constitution (Application to Jammu and Kashmir) Order, 1954', issued under Article 370. |
