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| JKNPP moves High Court, demands permanent secretariat for Jammu | | No Logic Behind Durbar Move -- III | | Neha
jammu, Nov 9: Nine, J&K High Court has two wings, one each for Jammu and Kashmir. Both the wings function throughout the year. "The case files pertaining to Kashmir Division are maintained and heard at Srinagar, whereas those pertaining to Jammu Division are maintained and heard at Jammu. It is only the Secretariat of the Hon'ble Chief Justice and the Registrar's Office which moves. The people of both the regions do not suffer…The services of the Hon'ble High Court are available to them at Jammu and at Srinagar throughout the year, despite the Durbar Move. Similar practice/precedent may be adopted by our State Government the services of which should be (made) available to the people throughout the year both at Srinagar and Jammu. (Adoption of such practice) would (mitigate) the sufferings of eleven million residents of J&K, caused due to the durbar move. In a democratic set up, the institution of the State needs to function as any welfare state functions. It is government "of the people, for the people and by the people". But in J&K this spirit has yet to be translated into practice".
Ten, the "impugned order of the Government of Jammu and Kashmir No.1183-GAD of 2011 dated 10.10.2011 is against the letter and spirit of the fundamental rights of the people of Jammu and Kashmir who are citizens of India and enjoy fundamental rights guaranteed in Articles 14, 21 among other provisions of the Constitution".
In other words, some of the grounds on the basis of which the petitioner moved the High Court and prayed for an order discontinuing the age-old practice of Durbar move were (a) the "impugned order is discriminatory and (it) infringes (upon) the fundamental rights of the citizens of India residing in Ladakh, Kashmir Valley as well as in Jammu Province; (b) the "Durbar move was a feudal exercise (under)taken up by the Dogra Maharaja in 1872" to meet the needs of the time; (c) the "Durbar move causes agony and harassment to the people of Kashmir in winter and the people of Jammu province in summer because of the Durbar move from their respective regions"; (d) the practice of Durbar move "costs the State exchequer nearly Rs. 300 crores every year just for the luxury of neo-Maharajas (Ministers and high profile bureaucrats) at the expense of the poor taxpayers"; (e) "nearly 11 millions people are discriminated against for the pleasure of a couple of dozen of Ministers, about three dozens IAS / KAS officers who cannot afford to live in the Valley in winter and in Jammu province in summer"; (f) the "Civil Secretariat is being utilized by the functionaries as tourist resort and is meant for the luxury and comfort of the ministers and bureaucrats who cannot afford to share winter and summer with people they represent in the respective regions"; (g) "there is no (connection) between the impugned order and object relating to the establishment of a welfare state (and), hence, it debars enforcement of fundamental rights enshrined in Art 14, 21 and other provisions of the constitution"; and (h) the "entire exercise is unconstitutional, mala-fide, improper and against the spirit of democratic norms and rule of law (and) this impugned order is violative of Articles 14 & 21, among other provisions of the Constitution, and the rule of law".
The specific prayer of the petitioner read like this: "Quash the impugned Government Order No. 1183-GAD of 2011 dated 10.10.2011 to the extent as it pertains to the shifting of official record/material/files etc. pertaining to the Kashmir Division for the safeguards of the civil and fundamental rights under Articles 14, 21 and other provisions of the Constitution of India, of the residents of Kashmir Division through an appropriate writ, direction or order. Further direct the respondent No.1 (read State Chief Secretary) to shift only the office records, material and files pertaining to Jammu Division to the Civil Secretariat, Jammu, in the interest of the residents of Jammu Division from the Civil Secretariat, Srinagar, to the Civil Secretariat, Jammu, to enforce their civil and fundamental rights of the residents of Jammu Divisions as guaranteed under Articles 14, 21 and other provisions of the Constitution. With further directions to the respondent No.1 to not to shift office records pertaining to Jammu Division to the Civil Secretariat, Srinagar, from Jammu and vice-versa as has been the practice of the Hon'ble High Court of Jammu & Kashmir at present".
One cannot but agree with the arguments advanced by the petitioner seeking the establishment of Civil Secretariat in Jammu on a permanent basis. The practice of biannual Durbar Move undoubtedly defies logic. Besides, causing enormous losses to the public exchequer, the practice of Durbar move adversely impact the official work for more than three weeks every year as the government remains totally dysfunctional during this period. Hence, the out-dated practice needs to be abandoned. Even otherwise, this practice needs to be abandoned. For, it has utterly failed to harmonize inter-regional relations. Let's see what view the High court finally takes on the petition. However, one would expect the High Court to accept the prayer in the larger public interest. (Concluded) |
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