A precarious situation

28/05/2020

The intensity of the prevailing situation can be gauged from the fact that while both the wings of the High Court are suffering due to lack of space even for holding of courts by the Judges, the district courts are in shambles and reeling under non-availability of basic facilities. The shocking scenario, which came to the fore in the form of reports submitted to the Chief Justice of the common High Court for Union Territory of Jammu and Kashmir and Union Territory of Ladakh Justice Gita Mittal, has clearly established that while judicial infrastructure has received urgent attention in every part of the country in terms of physical structure as well as technology, a sense of contentment with the status quo has guided the development of judicial infrastructure in the erstwhile State of Jammu and Kashmir. Judiciary in the Union Territory of Jammu and Kashmir is confronted with a precarious situation because of the pathetic status of the available infrastructure. Due to this, it is unable to march in synchronization with the developments in the rest of the country to ensure access to the justice to the people.
As far as High Court is concerned, the building of Jammu wing was constructed for the sanctioned strength of only six judges. This building has only 7 court rooms-one for the Chief Justice and six to accommodate Judges. Similarly, building of Srinagar wing of the High Court had a total of 7 court rooms-again one for Chief Justice and six for Judges. Two additional court rooms were added in 2010 as such neither in the Jammu or the Srinagar wing of the High Court are there sufficient court rooms to accommodate the full sanctioned strength of the High Court.
The intensity of the lack of space can be gauged from the fact that in 2018 to accommodate a newly appointed Judge, a make shift court had to be created by converting a part of the ministerial section into the court room and the chamber of the Judge had to be housed in the office of the Deputy Registrar (Administration). This is notwithstanding the fact that Supreme Court in a judgment in a writ petition titled All India Judges Association Versus Union of India, had laid down bare minimum requirements of the court complexes. However, most of these requirements are either lacking in the Jammu and Kashmir High Court complex or are absolutely outdated and insufficient. Similarly, the courts of Munsiffs Akhnoor, Bani, Billawar, Basohli, Hiranagar, Mahore, Chenani, Kangan and Ramban and Sub-Judge Batote are in absolutely shabby and dilapidated conditions requiring immediate repairs and renovations.

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