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Recommendations of law review committee lost in oblivion
Common man bearing brunt of outdated laws
6/21/2016 12:12:13 AM
Early Times Report
SRINAGAR, June 20: Despite assurances by the government to initiate the process to do away the obsolete laws in Jammu and Kashmir, there has been least concern shown by the authorities to walk the talk.
The issue came to fore during the ongoing budget session when the government was asked about the measures it had taken to get rid of various laws that now have become obsolete. Yet again, Government assured the house that the law commission shall be established to look into the issue. However, this wasn't the first time that government had given same assurance.
The government on March 17, 2013 accorded sanction to the constitution of a committee for reviewing existing laws and deletion of obsolete laws in the state.
The committee comprised of Advocate General, M I Qadri and officers from Law, Justice and Parliamentary Affairs Department which includes its Secretary, G H Tantray, Special Secretary, Farhat Tasneem, Additional Secretaries Muzaffer Ahmad Wani, Achal Sethi, (Member Secretary) and two eminent lawyers to be co-opted by the Committee. Till date, teh findings of the committee aren't known to the people.
Furthermore, during the session held on March 30, 2015, the government assured immediate action.
The government prior to that session even stated that it is contemplating to establish a Law Commission in the state to identify state laws which are no longer needed or relevant and need to be repealed. The government claimed that the commission would also identify such laws that need amendments and to suggest suitable measures for quick redressal of citizen grievances in the field of law besides various other functions in this respect.
An official of the law department told Early Times that the measures were taken to amend the Jammu and Kashmir Protection of Human Rights Act, 1997 and Accountability Commission Act, 2002 to make these Commissions functional by appointing Chairperson and other Members of these Commissions." But unfortunately, there has been no serious step taken to ensure anything concrete is done in this regard," he said.
Furthermore, according to reports, it was decided to enhance retainership of Advocate General, Additional Advocate Generals, Government Advocates, Public Prosecutors and Standing Counsels for which a special grant of Rs 2 Crore has been earmarked in the next year budget proposal.
A proposal was also forwarded to the Union Government under 14th Finance Commission Award for construction of three guest houses for High Court at Jammu, Srinagar and Ladakh.
Another official said that the obsolete laws are marring the institutions of the justice in Jammu and Kashmir but lack of coordination between the concerned departments is acting as a major spoilsport. He said the file pertaining to deletion of the age old laws was sought by the government a decade ago and all formalities into the matter were almost completed. "However, there was no serious discussion held between the departments that could have taken a serious measure to free people from the laws that are virtually of the colonial era," sources privy to this development revealed.
Meanwhile, the issue of axing the obsolete laws has come up this time again during the ongoing budget session and this time also the government assured legislators and the people that it would take measures that are needed from its end.
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