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| Full Bench directs govt not to issue SRO regarding till next hearing | | Transfer of Registration powers Asks protesting lawyers to resume works | | Early Times Report
jammu, Dec 23: Full Bench of Jammu & Kashmir High Court Jammu Wing comprising Justice Virender Singh, Justice JP Singh and Justice Hasnain Massodi, today taking serious note of the report submiited by Registrar General State High Court before the Chief Justice on December 21, directed the protesting lawyers to resume work and at the same directed State of Jammu & Kashmir to put on hold the issuance of SRO for transferring powers of registration of documents from Judicial Officers to Executive Officers till next date of hearing.
In this larger interest of the public, the Full Bench after hearing Sr Adv AV Gupta assisted by Adv Aditya Gupta for the Registrar General, Advocate General MI Qadiri with AAG Gagan Basotra for the State whereas BAJ represented by Sr Advocates SA Salaria, SS Lehar with Advs Ajay Sharma & Meharban Singh, observed that considered the report of Registrar General and deemed it appropriate to consider the issue after issuance of notice to the State of Jammu & Kashmir through its Chief Secretary, Principal Secretary to Government, Finance Department, Government of Jammu and Kashmir, Registrar General, High Court of Jammu & Kashmir and Bar Association, Jammu through its President.
Full Bench further observed that Keeping in view the fact that the Lawyers were abstaining from discharging their professional obligations for the last more than three weeks, which has affected speedy justice delivery system and only skeleton work could be done in the High Court in the absence of assistance from the Lawyers already holding brief of litigants, And the statement made on behalf of the State Government, of its willingness, to finalize the issue only after deliberations and dialogue with the representatives from the Bar and the Government, while adjourning the present matter allowing time to the parties to place their stance before the Court along with any material they may like to produce in their support.
Full Bench directed all the Lawyers of the State of J&K, who are abstaining from work, to resume work forthwith to discharge their professional obligations. State is also directed to put on hold the issuance of SRO for transferring powers of registration of documents from Judicial Officers to Executive Officers till next date.
Advocate General MI Qadiri submitted that for paucity of time, he could not prepare comprehensive reply, which he intends to place on record along with certain material for which he seeks short time and also placed on record photocopy of communication dated December 10, 2011 addressed to Adv B.S. Salathia, President of BAJ, referring to the earlier meeting with Finance Minister on December 9, 2011 and also produced the extract of that Communication.
"In accordance with the consensus that emerged in the meeting held by the Hon'ble Finance Minister with Bar Association Jammu, on 09-12-2011, State Government is agreeable to the suggestion given by the Jammu Bar Association representative to consider (a) Setting up of a Committee representing 3 members each from the Bar and the Government, to take further the process of dialogue (b) Pending final recommendations of the Joint Committee, Bar Association Jammu shall suspend its strike and (c)
Committee shall commence consultation immediately and conclude its recommendations within a period of 8 weeks from the date of its first meeting.
Whereas Advocate General appearing for the state after getting instructions from Chief Secretary and Principal Secretary Finance stated that the State is ready to hold dialogue with Members of the Bar. He further states that till date, no SRO transferring the powers from the Judicial Officers to Executive Officers for the purposes of registration of documents has been issued pursuant to the Cabinet Decision. (JNF) |
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