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HC directs to list PIL
PIL on enforcement of rules framed by Guv for appointment of Law Officers
4/12/2016 12:27:55 AM
Early Times Report
Jammu, Apr 11: In a PIL, seeking strict enforcement of rules framed during Governor Rule for appointment of Law Officers, a high court division bench has directed to list the case tomorrow.
It has been further submitted in the PIL that in a country like India where Rule of Law is the essence of functioning of the three organs of the democratic system and upholding the Rule of Law, even selection of an officer in any department of the state is mandatorily through a properly defined thorough process of selection except in the case of Law officers of the court which include Advocate General, Additional Advocate Generals, Deputy Advocate Generals, Advocates and Record for the Supreme Court of India, Government Advocates, Public Prosecutors, Standing Counsels in the High Court as well as Subordinate Courts and Special Counsels for the State.
It is submitted that the appointment of government counsels in J&K used to be purely on political considerations. There was no fixed criterion for the selection of law officers in the state and it was based on the formation of government and the political stalwarts heading the government.
Most of the time it causes delay in dispensation of justice. It is worthwhile to mention that there are as many as 3344 contempt petitions pending in the Jammu wing of the high court 2800 in the Srinagar wing. As per the information of the petitioner, one of the contempt petition arising out of SWP is pending since 2000. In view of the pendency of such number of contempt petitions, the public of J&K is being denied the fruits of judicial pronouncements which has the effect of eroding the confidence of the public in the pious institution of judiciary because despite the fact they are armed with judgment of the court in their favour yet don't get justice. That the sorry state of affairs vis-à-vis appointment of law officers existed till March 23, 2016 when the state was passing through Governor Rule. The governor, during brief stint of his rule, ensured the issuance of SRO 98 on March 24, 2016 in terms of which the rules known as J&K Law Officers (Appointment and Conditions of Service) Rules, 2016 were made. —JNF
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