JK Advocate's strike Unconstitutional - Early Times Newspaper Jammu Kashmir

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JK Advocate's strike Unconstitutional

Dr. Ram Chander Sharma

12/12/2019 10:16:34 PM

The strongest pillar of Indian Democracy proved its worth when it passed the much awaited verdict in the longest ever litigation of the world - Ram Mandir Janambhumi VS Babri Masjit case and Indian masses were relieved of anxieties, politicking, inter religious hatred and violence. But, The Jammu Bar Association took the path of pen down strike and boycott of Judicial work opposing a small Order of New Government of Jammu and Kashmir UT to transfer High Court Complex and assigning the work of registration of revenue land to a specially created branch of Revenue Department for the welfare of public. Recently the Advocates of Supreme Court of India adapted violent behavior with Delhi Police and took to streets over a minor incident which could have been investigated and culprits who so ever punished.
The world's largest Democracy with over burdened Judicial System where the litigants have to wait for the years to seek justice as the shortage of Trial Courts/Judges and largest criminal and civil cases in the world and the Government's inability to open new Courts for want of finances reveal the agony of public to seek justice. India is a developing country with majority of population living in villages and low level of literacy and judicial awareness. The Government started the flagship judicial program of Lok Adalats and Legal Aid but how much benefit trickled down to public is yet to be ascertained.
The collapse of Panchyati Raj Institutions to deliver justice at village level by Adalti Committees infect moved the litigants and cases of crime to Courts and Police Stations. The increasing unrest due to unemployment, social injustice, role of Mafias, corruption and high crime graph has over burdened to Indian judicial system. The availability of Trial Courts and learned advocates is one of the lowest in the world but, how the strikes by the learned advocates can be justified in one of the real issue emerging for the present government. No doubt the earnings for professionals is justified to some extent but the competiveness between Medical Doctors, Teachers, Lucrative businesses, Govt. Contractors, Mafias and off course the government employees push all the Nobel professionals to ever increasing lust for money. The great Indian political thinker "Chankaya Rishi" describes the lust of money as the one who gets abundant money - his lust for amassing more money grows manifolds.
The litigants and those booked on fake cases due to political, business, family or any other rivalry need immediate judicial protection but Indian judicial system still need some more time for the public to get immediate judicial protection through use of modern tool like internet or online filing of petitions; the present state of affairs in Jammu Province courts speaks volumes on ethics of delivery of Justice to common man. The petitions which need immediate hearings by the Judges like cases of corruption, false recruitments, and illegal activities by Mafias where police/administration is complicit fail to be addressed by Hon'ble Courts are the worst sufferers. But, an accused in the trial court has to reach the court in time or else he/she will be booked by the existing laws or if his or her counsel is not available he gets another long date fixed further.
India with second largest country after China in terms of population in present times is flooded with ever increasing judicial burden and the term "Justice delayed is justice denied" is very true. The Law Commission of India has to formulate Laws prohibiting unjustified strikes by the essential services and the private professional who are directly linked with maintaining law and order like police and other essential services and delivery of justice like advocates in this age of increasing lawlessness of unruly behavior by the citizens is of utmost importance and need of hour. The pen down strike by the members of Jammu Bar Association and those of other Sub Courts will damage the reputation of Learned Advocates but there is always a solution for petty matters like shifting of High Court Jammu building or transfer of power of registration of land etc. by a dignified manner like filing a petition in the available Competent Courts. The move of petition to Hon'ble Green Tribunal India is a step in the right direction and the progress of the case to enquire form the Forest Department about the expected numbers of fully grown trees to be felled will take sometime but going to street is illegal and unjustified.
The real issues after the abrogation of Art 370 in erstwhile state of Jammu and Kashmir is the delay in implementation of important Indian laws like RTI Act and implementation of Indian Penal Code, recruitment rules, reservation rules and protection of minorities etc. could be burning topics for budding advocates to get justice to common man by way of petitions or Public Interest Litigations. It is appealed to learned advocates and Bar Association to immediately call off the ongoing strike and resume work and go for all available legal means to represent to His Excellency Lt Governor of Jammu and Kashmir to address their issues In a dignified manner.

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