Srinagar(Jammu and Kashmir): In a significant move for uplifting the infrastructure of courts in Jammu and Kashmir, Chief Justice of India Nuthalapati Venkata Ramana on Saturday laid the foundation stone of the new complex of High court of Jammu, Kashmir and Ladakh in Srinagar's Bemina area. Jammu and Kashmir Lieutenant Governor Manoj Sinha, Ladakh Lieutenant Governor Radha Krishna Mathur and Union law minister Kiran Rijiju along with Supreme Court Judges UU Lalit and Sanjay Kishan Kaul among others were also present at the ceremony.
"One of the major challenges to the protection of rule of law and human rights is the inability of the formal justice system to deliver speedy and affordable justice to all,” the CJI said while speaking at the event after laying the foundation stone of the court complex. The new court premises, with all modern facilities and amenities, is spread across 500 kanals of land and is being built with an investment of over 900 crores in two phases. The first phase will be completed in the next three years in a time-bound manner. Pertinently, the Jammu and Kashmir High Court complex is the seventh oldest in the country, it was constructed some 94 years ago.
"Denial of justice would ultimately lead to anarchy. Soon the institution of the judiciary would be destabilized as people will look for extrajudicial mechanisms," the CJI said. While appreciating the efforts of the former chief justices of the Jammu and Kashmir High Court, the CJI said," Justice Geeta Mittal, Justice Rajesh Bindal, and Justice Ali Mohammad Magray have worked hard to make this happen. I compliment each one of them.”
He also highlighted the issue of lack of proper infrastructure in the judiciary and said, "I have consistently emphasised the need for the development of infrastructure. Sadly, post-independence, the judicial infrastructure has not been overhauled to meet the demands of the growing needs of modern India. We are far behind in making our courts inclusive and accessible.”
Justice Ramana further said, "Around 22 per cent of the posts in the district judiciary are still lying vacant. Steps have to be initiated immediately to fill this gap. Appropriate steps are also required to be taken to provide security and accommodation for all the judges." He also urged the district judiciary to have a direct link with the people and stressed the importance of legal awareness and legal education.
"The district Judiciary works at the grass-root level and is the first contact for the justice seeker with the judicial system. You must persuade parties to choose Alternative dispute resolution (ADR) mechanisms whenever possible. This will not only help the parties but also will help in the reduction of pendency. The justice delivery mechanism in India is very complex and expensive. The judiciary must be at its innovative best to ensure that the challenges to its working are met with just and Constitutional measures," the CJI said.
Speaking about technology, he said, "Technology has been a strong aid to the judiciary. Now, virtual courts are bridging the gaps of accessibility by reducing time, cost and distance. But in a country like India, where a vast digital divide still exists, much needs to be done to harness the full potential of technological innovations."
Pertinently, the CJI began his speech by quoting poet Ali Jawad Zaidi, "Muddaton baad jo aayaa hoon is vaadi mein, ek naya husn, naya rang nazar aata hai’ (After ages I have come to this Valley. New beauty, a new colour I can see). Justice Ramana said these words of Zaidi reflect his sentiments too.
He called upon the judges and lawyers to take an oath to work hard so that "the justice becomes reality." "Jammu and Kashmir have produced many eminent jurists and judges, among them were two former Chief Justices of India, Justice Adarsh Sein Anand and Justice Tirath Singh Thakur, and nine Judges who adorned the bench of the Supreme Court and the 10th one, Justice Kaul is with us right now," he said, adding, “Only laws are not enough to build tradition in a country. It requires men of ineffable character inspired by high ideals to infuse life and spirit in the skeleton of the laws."
While stressing the role of judges, he said, "judges and judicial officers play a very significant role in our Constitutional scheme and the common man has always considered the judiciary as the ultimate guardian of rights and liberties. Your swift, proactive and sensitive decision can make a lot of difference in the lives of several people who are in desperate need of justice. Create a congenial environment for the litigants. Often, litigants are under a lot of psychological stress. Litigants may be illiterate, unaware of the law and have various financial issues. You should try to make them feel at ease." "I believe that the new court premises will become the new norm for the construction of future court buildings," the CJI remarked.
While appreciating the people of Jammu and Kashmir, he said that the enriching culture of the Valley transforms every soul that visits this scenic land. Speaking about his past visits to the Valley, he said, "I was lucky enough to visit this heaven several times, but every time I have been amazed by its beauty and moved by its hospitality. It’s a land where one gets to experience four seasons. The soils of Kashmir are home to the world’s best saffron, red chillies, apples and walnuts. Kashmiri artisans are known all over the world for their crafts and textiles. The balance maintained between traditional craftsmanship, and contemporary designs have created a worldwide market for these products. This global acknowledgement of the ancient art form is a nod to the multiple influences the craftsmen had throughout history. The heart of Kashmir is the heart of its people!”
“As poet Raja Basu, an admirer of the Valley observed, Jammu and Kashmir is the confluence of three great religions -Hinduism, Buddhism and Islam. It is this confluence which is at the heart of our plurality which needs to be sustained and cherished,” he said while adding, "Wealth creation is not commensurate with the true potential of this beautiful region with invaluable and highly skilled human resources. This situation needs to change, for the region’s bright future."
Meanwhile, Rijiju said an agreement will soon be signed between the National Legal Services Authority (NLSA) and the Department of Justice (DoJ) to develop a framework of pro-bono lawyers for the people living in far-flung areas. He also stressed the importance of legal awareness and legal education. Rijiju said equal fund allocation will also be made for the lower and subordinate judiciary in Jammu and Kashmir and Ladakh. Besides, Justice Ramana and Rijiju other dignitaries - JK LG Sinha, Ladakh LG Mathur, Justice Pankaj Mithal, Justice UU Lalit and Justice Sanjay Kishan Kaul - too spoke at length during the event.
