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Sagar owes an explanation to people
`Implement rules framed by High Court'
12/25/2011 12:31:39 AM
Early Times Report
Jammu, Dec 24: Last year when the Assembly was in session , the Law Minister Ali Muhamamd Sagar apporoved rules framed by the High Court. The rules were meant for speedy disposal of habeas corpus petitions.
While applying the rules, Sagar said "it was a right step in the right direction." Twenty months on, the implementation of `approved' rules remains a distant dream.
Talking to news men immediately aftyer approving the rules, Sagar had said: "Yes, I have given the approval of rules and regulations for courts and Case Flow Management in the High Court. I approved the matter the day it came to my office. These will go a long way in providing speedy justice in different nature of cases."
The rules mention that a notice should be issued in respect of writ of habeas corpus by the court at the first listing and shall be returned within 48 hours in a case where the person is in the custody under the order of state or government of India.
Soon after he (Sagar) 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 month. The new rules were never applied. Detainees are re-arrested in total violation of High 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 relatives of the detainees who continue to languish in jails without any ground seek an explanation from Sagar. Will Sagar offer one?
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