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| Report of Registrar General regarding lawyers stir treated as PIL | | Full Bench issues notice CS & Ors | | Early Times Report
JAMMU, Dec 22: In a latest development regarding on going strike of Bar Association Jammu, the Registrar General J&K High Court has submitted a report before the Chief Justice of J&K High Court, Chief Justice FM Ibrahim Kalifulla who treated this report as Public Interest Litigation (PIL) and constituted Special Full Bench of the High court comprising Justice Virender Singh, Justice JP Singh and Justice Hasnain Massodi to hear the PIL.
The Full Bench after considering the report of the Registrar General J&K High Court viewed that the issue indicated in the report calls for consideration in Public interest and deemed it appropriate to consider the issued after issuing notice and Full Bench issued notice to State of J&K through its Chief Secretary, Principal Secretary to Govt Finance Dept, Registrar General of J&K High Court and President Bar Association Jammu. Full Bench observed that in view of the urgency involved, directed Registry to list the case on December 23, 2011 and also directed Registrar Judicial of Jammu Wing to ensure service.
Earlier according to the said report submitted by the Registrar General J&K High Court Janak Raj Kotwal before the Chief Justice J&K High Court is that the lawyers of Jammu, under the banner of BAJ, called for two days strike on November 26, 2011 to protest against the proposed transfer of registration work under the J&K Registration Act from the Judicial Officers.
It is pertinent to point out that under J&K Registration Act read with read with rules made thereunder, the Judicial Officers in all the Districts are in vested with powers of Sub Registrar and Principal District Judges with the powers of Registrars within the limits of their respective territorial jurisdiction. "The Registration of documents, compulsorily required be registered in terms of section 17 of Registration Act or registration whereof is optional u/s 18 of the Act, is to be done by the Munsiffs/Sub-Judges designated as Sub Registrars, within the limits of their territorial jurisdiction, it said further adding that the books required to be maintained in terms of Registration Act and Rules made there under are to be contained in the offices of Sub Registrars by ministerial staff of the Judicial Dept posted in the said offices.
In the report it has been further submitted that in view of the key role played by the District Judiciary in registration work under the Act, a good number of lawyers are associated with the Registration work. It is further claimed by the lawyers that the proposed transfer may pose a threat to transparency in registration work and prejudicially effect general public.
Further the report which was to be treated as PIL and Chief Justice Constituted a Special Full Bench of State High Court to deal with this PIL, report also submitted that thousands of the justice seekers flock Courts daily to get their grievances redressed but are not in a position to get justice because of non-availability of legal assistance. The Court like every limb of the state is under constitutional obligation to ensure that right of access to justice of the litigant public is not infringed or defeated in any manner or by howsoever. The matter, because of the alarming proportion it has assumed, calls for adequate response in conformity with law. JNF |
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