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| HC directs to shift record of archives deptt to Kala Kendra | | | Early Times Report
Jammu, Nov 25: A high court division bench of Chief Justice N Paul Vasanthakumar and Justice Tashi Rabstan today directed the respondents to immediately shift the record of Achieves and Archaeology Department to the first floor of Kala Kendra building at Bikram Chowk here for its safe keeping till some permanent arrangement is made.
"Respondents shall also take necessary expert advice from the archives department while shifting the record so that it is properly preserved. Let this process be completed within four weeks from today," the bench directed.
The court directive came in a PIL, highlighting the importance of preserving art, museum and archives in J&K, particularly the heritage buildings at Mubarak Mandi complex which housed the old secretariat of J&K and high court and is in a dilapidated condition now. The building has been declared unsafe long ago. Many of the administrative offices have shifted. However, the department of archives, archaeology and museum has not taken proper steps to restore the heritage building.
The bench observed that a committee constituted on July 18, 2016, with senior advocate B S Salathia and the deputy director of department of archives, archeology and museums, Jammu, as its heads had submitted a preliminary inspection report and suggested some remedial measures. One of the suggestions which needs immediate consideration by the court reads as -- As a temporary measure, immediate shifting of the record of archives department to the first floor of Kala Kendra building is the need of the hour to preserve and maintain the records till the time a sufficient place is acquired as suggested herein above for housing these historical records.
The committee also brought on record of the court a September 6, 2016 communication which disclosed that in the 7th Government Body Meeting held on August 29, 2016 at Mubarak Mandi Heritage Complex, the proposal of shifting of archival records to the old Information Department building, amounting to Rs 50 lakh was put forth before the governing body by the finance and culture minister. The proposal was also approved by the financial commissioner, planning development and monitoring department, civil secretariat, Srinagar, in a video conferencing held on August 31, 2016. The senior AAG representing the state too agreed to this suggestion.
The bench also observed that in the preliminary report filed by the Registrar General, in pursuance of the November 23, 2016 direction, certain measures had been sought to be taken for undertaking the process of retrieval, shifting and the preservation of judicial records in the district court complex, Janipur.
In his report, the registrar general said: "The records, more particularly the damaged ones, need to be retrieved, consolidated, wrapped in cloth yearwise and courtwise in the form of bundles. About 30 officials may be required for completing the entire process of shifting and the manpower so required should be from judiciary which can be withdrawn from the courts of Jammu district and the neighbouring districts. The manpower so required can be arranged by the Principal District and Sessions Judge, Jammu, from out of his district and the principal secretary to the Chief Justice can also be requested to draw the required staff from the subordinate courts of neighbouring districts for a period of two to three weeks, depending upon the requirement, to be furnished by the principal district and sessions judge, Jammu. The process of shifting has to be monitored by the principal district and sessions judge, Jammu, himself and (or) any other officer under his control and to be nominated by him. The funds required for shifting and upkeep of the judicial records have to be arranged by the government and if the court is pleased, an appropriate direction can be given to the government to release at least an amount of Rs 1 lakh for the process of shifting of records. The judicial records lying in a pitiable condition in the Mubarak Mandi Court Complex needs treatment before it is consolidated and shifted, so that it is not damaged further. The JMC commissioner or the archeological department can be requested to do the needful in this regard."
The record is stated to be in a tattered condition and its exact volume in the present form is difficult to be worked out. However, it comprises of about 3,000 odd bastas (bundles) and would require about 15 trucks to shift it from Mubarak Mandi Complex. It is also mentioned that judicial records lying in Mubarak Mandi Complex, Jammu, need to be shifted at the earliest so that it can be preserved for further use.
It was submitted that, as per the feedback given by principal district and sessions judge, Jammu, there 'is a 20 ft x 40 ft hall in the basement of district court complex, Janipur, which can be used temporarily to house the judicial records, sought to be shifted from the old Mubarak Mandi Complex. It is further submitted that it may not be sufficient to accommodate the entire records but efforts can be made to find out some additional space to accommodate the entire records.
"In the above backdrop, as the funds required for shifting and upkeep of the judicial records, are to be arranged by the Government, therefore, as an interim measure, we direct the government to release Rs 1 lakh in favour of the registrar general for the purpose of shifting the records within 10 days from today and on its receipt, the registrar general, in association with the principal district and sessions judge, Jammu, shall take further steps for immediate shifting of the records from Mubarak Mandi Complex to the basement hall of the district court complex for its safe keeping till some permanent arrangement is made," the bench said.
"It has also been pointed out in the report that treatment of the records is necessary before its shifting. Therefore, we direct the archives department and JMC commissioner to take necessary steps on the request of registrar general and principal district and sessions judge, Jammu, to spray the records and ensure that in the process of shifting, it does not get destroyed. It is further directed that on receipt of amount from the government, the principal district and sessions judge, Jammu, shall draw the requisite manpower from the subordinate courts for shifting of the records. Let the whole process be completed within a period of four weeks from today," the bench said.
--(JNF) |
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