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| HC rules for Habeas Corpus await implementation | | | Early Times Report
JAMMU, May 22: The government evoked massive appreciation by approving rules framed by the state High Court in April last year. However, the problems of prisoners still remain unaddressed as the state government delayed implementation of the rules.
Immediately after approving the rules, the Law Minister Ali Muhammad Sagar said: "The rules will go a long way in providing speedy justice in different nature of cases."
According to the approved rules a notice has to be issued in respect of writ of habeas corpus by the court at the first listing. The notice has to be returned within 48 hours in a case where the person is in the custody under the order of state or government of India.
Sager promised on the floor of the house that prisoners released by the High Court will not be re-arrested. The assurances of the law minister were put to test during the past one year. The new rules are still awaiting implementation.
Notwithstanding undue delay in administration of justice, the people still have faith in the judiciary. Hundreds of cases are filed every day which indicates that the people expect the judiciary to dispense justice. But the government, it seems, has no faith in judiciary. More often than not, the authorities flout court orders.
There is no denying the fact that the state has been passing through very difficult times for the past two decades in particular. But then the state faced a more organized political movement from 1931 to 1947 when the state was governed by autocratic Hari Singh. He always held the judiciary in high esteem. During his regime not a single extra-judicial arrest has been reported. Surprisingly no fake encounter, no enforced disappearance and no custodial killing took place during his regime. Here an attempt is not being made to glorify Hari Singh un-necessarily. But a student of history finds it very difficult to ignore his tremendous respect for judiciary.
The democratic rulers have many lessons to learn from history if only they find time. Do the present day rulers know how Hari Singh tendered an apology to a traffic magistrate for his queen's interference in the administration of justice? And do they know how Sher-e-Kashmir directed a High Court judge to oblige his Halqa president from Budgam during emergency rule?
The rules framed by the High Court and approved by the government cannot achieve the objective unless the state government and its agencies repose trust in judiciary. The court acts impartially. It hears the detainee and it hears the government. Then it decides the case on the basis of merits. If the court feels that the grounds of detention furnished by the police are not enough to justify detention, the order is quashed. And if it is quashed, the detainee must be released. But this does not happen. The court order is not honoured for upholding security of state. The courts are equally concerned about security of the state but the intelligence sleuths hold a contrary view.
And last but not the least the ministers must fulfil their promises especially those made on the floor of the legislative assembly. Ali Muhammad Sagar must hang his head in shame or admit his helplessness in public. |
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