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| Bhim Singh calls attention of Government | | |
SRINAGAR, AUGUST 01 – In reply to a calling attention notice by Prof. Bhim Singh, Minister for Transport Mr. Mangat Ram Sharma informed the House that “the Bar Association, Jammu is on strike with effect from 29.06.2006 as they are apprehending that a fair trial cannot be conducted in absence of proper defense to the accused persons involved in case FIR 20/6/PS Shahid Gung, Srinagar. The case was referred to the Central Bureau of Investigation by the State Government for investigation vide Notification SRO 156 dated 08.05.2006 issued under Section 6 of the Delhi Special Police Establishment Act 1946. The said agency is conducting the investigation.
He said a PIL titled High Court Bar Association, Srinagar V/s State on the said subject was filed before the High Court at Srinagar and the High Court also took a suo moto notice of the matter and is monitoring the investigation. He said It has issued various directions to the CBI from time to time.
Mr. Sharma said a writ petition was also filed by the the Bar Association, Jammu before the Jammu wing of the High Court for transfer of the case for trial to Jammu to ensure fair trial. He said the said writ petition was heard by Justice Y. P. Nargotra and the same was transferred to the Division Bench of the High Court, hearing the PIL at Srinagar.
Meanwhile Mr. Sharma said that Mr. A. K. Sawhnay, Advocate Jammu, a member of the Jammu Bar Association, filed a writ petition challenging his expulsion from the membership of the Bar and also declaring the strike of the Jammu Bar Association as illegal. The said case was listed before the court on 20.07.2006 and the Court has directed that the matter be put up after the service is completed. He has arrayed Chief Secretary, Law Secretary, Bar Council of J&K, Bar Association Jammu through its President and Union of India through Law Secretary as respondents. It is pointed out that the Supreme Court in case Ex-CAPT Haresh Uppal V/s Union of India (2003(2)SCC 45) has held that the lawyers have no right to go on strike or on token strike or to give a call for boycott. They cannot abstain from courts in pursuance of a call for strike or boycott while holding Vakalat on behalf of the clients.
Since the matter is subjudice before the Division Bench of the High Court at Srinagar and the Single Judge of the High Court at Jammu, and discussion on the subject is not appropriate”, he added. |
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