HISTORICAL DEVELOPMENT OF
THE HIGH COURT OF JAMMU
& KASHMIR
The State of Jammu & Kashmir enjoyed a unique status in the
Princely Indian States, and it was ruled by monarchs. After the collapse of Sikh Rule, which ended
with the Treaty of Amritsar[1]
and State was transferred to Maharaja Gulab Singh, who entrusted the civil administration
of the State to a Council of the Courtiers each of whom was put in charge of a
department of the Government. The administration of Justice was entrusted to
the executive, the Maharaja being the Chief Adawlte. He would hear cases
of 1st instance as well as appeals against a nazrana of Rupee one[2].
During the reign of Maharaja Ranbir Singh, Penal Law (Ranbir Dand
Bidhi) was introduced on 1st Har 1948 B.K. and established Addalat-ul-Saddar (Chief Court Jammu and Srinagar Srinagar and Jammu
In 1877, an institution
known as Addalat-ul-Aliya (High Court)
was established and its powers were defined.
At that time there were in all 25 Courts in the State of which 14 were
Wazarat Courts[4]. However, in the later part of the 19th
Century, British interference in the affairs of the administration of the
State; Maharaja Pratap Singh tendered his resignation on 18th
March, 1889 in favour of the Council of the State, which consisted of three
segments:
1. Revenue
2. Judicial
3. Foreign
& Military.
The Revenue and Judicial Departments were in the charge of the
respective members of the Judicial Council with inclusion of one British
Officer as Member of the Council. The Judicial Member of the Council exercised
the powers of the ‘Adalat-e-Aaliya’ in
the Civil & Criminal matters.
On 25th of October, 1905, the 16 years old Council was
abolished and the powers were restored to Maharaja Partap Singh by Lord Curzon, Viceroy and Governor General
of India Jammu and
Kashmir
In 1920, full powers of
administration were restored to the Maharaja by the British Government on some
conditions and in the same year the Maharaja ordered the consolidation of the
existing laws and regulations in the State.
An important measure, by virtue of which law and procedure with regard
to the High Court was regularized and promulgated by him. Subject to the control and judicial powers by
the Maharaja, the High Court existing in the State, was retained as the highest
Court of the Appeal and Revision[9]. This was done by Regulation No. XLVI
Jammu and Kashmir State
Thereafter, Maharaja Partap Singh drew a scheme for reorganisation of
his Government and submitted it to Government of India for approval. The
Maharaja proposed appointment of a Council of Ministers to conduct the
administration of the State, institution of a Legislative Assembly and the Constitution
of High Court of Judicature. Though the proposals made by the Maharaja were
hurriedly turned down, however, the Government of India accepted the part of
the scheme which envisaged the reorganisation of the Council and the
establishment of High Court of Judicature. The scheme was embodied in the Sri Partap Reforms Regulations, 1922[10].
The High Court was vested with Original
& Appellate Jurisdiction in Civil & Criminal matters, which the High
Court in the State exercised under Sri Partap
Consolidation Regulation and the Code of Civil Procedure and other laws in
force at the time. The general superintendence and control over all other Courts
in the State was vested in the High Court. In 1924, Maharaja Partap Singh
was completely restrained by the Government of India to attend the meetings of
the State Councils and Raja Hari Singh was made the President of the
Council. A new Constitutional Act was
promulgated and fresh provisions were made with regard to the Council and its
functions. Under the new Constitution Law Member was entrusted with Judicial
Department, Legislative, Appeals, which lies to the Maharaja from the decisions
of the High Court, confirmation of sentences and tasdiq wasi-qa-jat.
After Maharaja Hari Singh
acceded to the throne in November 1925,
he repealed the Constitutional provisions made by Maharaja Partap Singh and by
resolution in the Council promulgated new constitutional provisions for the
Government of the State thereby constituting the Council consisting of Maharaja
and five other members. After this, in March 1927 the Constitutional Act of
1925 was amended and all the powers were taken by the Maharaja under his personal
control[11].
The year 1928 saw an
important change in the Constitution of the Department of Administration of
Justice by virtue of Order No. 1 of
1928[12].
A full-fledged High Court of
Judicature was established in the State, consisting of Chief Justice and two
more Judges. One of the Judges was assigned revenue work and was styled as
Judge of the High Court-cum-Revenue Commissioner. By virtue of Order No.2[13], Maharaja Hari Singh appointed; Lala
Kanwar Sein, M. A. Bar-at-Law, the
first Chief Justice of the Court. Rai
Bahdur Lala Bodhraj Sawhney B.A. (Cantb) B.C.L. (Oxon) Bar-at-Law and Khan Sahib Agha Sayed Hussain as Puisne Judges of the High Court.
This was followed by the Constitution
Act of 1996 (B.K.) (1939 A.D.), promulgated by the ruler and for the first
time Government based on uniform set of laws was established. Eminent Judges
who had worked in other State High Courts were appointed as Chief Justices.
Under the Act the Maharaja retained in Himself the Highest Judicial Authority by
constituting in himself the Highest Court of Appeal[14]
and would be advised by Board of Judicial Advisors[15] consisting
of three members in the disposal of Civil & Criminal Appeals against the
decisions of the High Court. The Board was to perform the same functions in the
State as were performed by the Privy
Council in British India .
On 10th September, 1943,
Maharaja granted Letters Patent to High Court of Judicature similar to those of
High Courts in British India . Clause 10, gave
the Civil Jurisdiction, Clause 11, referred to extraordinary jurisdiction,
while Clause 12, provided for Appeals against Judgement of Single Judge to
Division Bench[16].
This gave to the Court a status and prestige of its own.
INDEPENDANT INDIA
When India
In 1954 State Government
agreed to adopt, with some variations the fundamental rights of the permanent
residents of the State. Before that the High Court in the State had no Writ
jurisdiction at all. Upto 1954 the
Supreme Court had no Jurisdiction over the State High Court and it was in the
year 1954[17],
by Constitution Application Order that the Jurisdiction of the Supreme Court
was extended to the State.
The Board of Judicial Advisors was abolished by the Constitution Act of 1956. At that time,
17 Appeals were pending from the Board of Judicial Advisors. In order to
dispose of these Appeals, Chief Justice of Jammu and Kashmir made a special
request to the Government of India, as the appellants were not in a financial
position to go to Delhi, the Government of India
with the consultation of Chief Justice of India, constituted a
Special Bench headed by Chief Justice Mehar Chand Mahajan, Justice S. R. Dass and Justice Ghulam Hassan which came to
Kashmir and decided all the 17 Appeals
upholding the Judgements of the High Court[18].
On 17th of November, 1956 Part V, VI and VII of the
Constitution of India were adopted by the State[19].
42nd and 44th Amendments did not affect the fundamental rights enjoyed by the
permanent residents of the State[20].
For the first time Under Article 32 (32-2A) of the Constitution of India, the
State High Court was given powers to issue the Writs for enforcement of the
Fundamental Rights, so far as they are applicable to the State. In this way, the High Court became the
protector of the Fundamental Rights of the Citizens of the State. In the course
of evolution and growth of the administration of Justice an important milestone
was reached when the elected representatives of the people gave Constitution to
the Sate which was promulgated in the year 1957 and the position of the
Judiciary is very well defined under the Constitution.
In 1956, a new Constitution
was framed for the State, which came into force on 26th of January, 1957,
under the Constitution an independent judicial body with the High Court of
judicature at the top was created. To secure independence of Judiciary express
provisions were made to the appointment, tenure and the removal of the Judges
of the Court. The High Court was to have the same jurisdiction as it had before
the Constitution came into force. In addition, however, the Court was to have
powers to:
i.
transfer cases to itself from the subordinate Courts;
ii.
superintend and control the subordinate Courts;
iii.
control its own staff; and
iv.
exercise the powers of the Court of Record.
The Constitution also empowered the High Court to issue Writs and
Orders in the nature of Habeas Corpus, Mandamus, Prohibition, Co-Warrants and
Certiorari for the enforcement of fundamental rights, provided for by the
Constitution of India. In addition to
these the Court was empowered to issue such Writs for other purposes also.
‘Whenever the High Court found that any person within its jurisdiction acted in
a way not authorized by law or violated the rights of the citizens, the Court
was empowered to issue orders for remedies and redress’[21].
The right to appeal by Special Leave
under Article 136[22],
the Advisory Jurisdiction of the Supreme Court under Article 143, extends to
the State from the commencement of the Constitution.[23]
The right to appeal by special leave under Art 136 was extended to the State of
J&K w.e.f. 26th January 1960.
In 1964, the District Scheme was introduced under which a District and
Sessions Judge was appointed in each District.
Previously, there were only two District and Sessions Judges in the two
provinces. Amendment in Criminal
Procedure Code on the pattern of Indian Amended Criminal Procedure Code was
introduced in the State to achieve uniformity of the procedure. On 21 December
1964, Article 356 was applied, wherein President's
Rule could be imposed in the event of the failure of State Constitution. The State Legislature passed the Act of
separation of Judiciary from the Executive in the year 1966[24],
which came into force on 15th
August 1968. By the Constitution (application to Jammu and Kashmir
STRENGTH OF THE
BENCH:
The High Court initially, consisted of Chief Justice and two or more
Judges[26].
By the Jammu and Kashmir Constitution
Act, 1996(B.K.), the High Court of Judicature till further provisions were
made, appointed first Chief Justice and the first Judges and their successors in
office as, Rai Bahadur Ganga Nath, Chief
Justice, Wazir Janki Nath and Qazi Masud Hassan, as Judges respectively[27]. Now after the independence and accession of
State with the Union of India, every Judge is appointed by the President by
warrant under his hand and seal after consultation with the Chief Justice of
India, the Governor, and in the case of appointment of a Judge other than the
Chief Justice, the Chief Justice of the High Court and the Judges of the High
Court hold office till they attain the age of sixty-two years. The strength of the Bench was increased to
five including the Chief Justice in 1968 with Hon’ble Mr. Justice Syed Murtaza
Fazl Ali as Chief Justice and Hon’ble Mr. Justice Janki Nath Bhat, Hon’ble Mr.
Justice Anant Singh, Hon’ble Mr. Justice Ram Narain Gurtu and Hon’ble Mr.
Justice Mian Jalal-ud-Din, as Puisne Judges.
The strength of the High Court Judges was raised to seven[28]
(five Permanent and two Additional Judges, however, later one post of
Additional Judge was converted into Permanent Judge and the strength was raised
to six Permanent Judges and one Additional Judge by the Presidential Sanction
Order in 1986[29].
By the Presidential Order of January, 1991, the post of one Additional High
Court Judge was converted into Permanent Judge, Thus, the strength of the High
Court came to be eight Permanent Judges[30].
The later part of 1991 two new posts of Additional Judges received the
Presidential Sanction, making total strength of the High Court as ten Judges
(eight Permanent Judges and two Additional Judges)[31]. In 1994 one more Additional Judge in the High
Court was sanctioned[32],
raising the strength to eleven (eight Permanent Judges and three Additional
Judges). Creation of three posts of Additional Judges in the High Court of
Jammu and Kashmir was sanctioned in the year
1997, making the total strength of Judges in the High Court as fourteen Judges
(eight Permanent Judges and six Additional Judges[33].
Later the post of one Additional Judge was converted into Permanent Judge
making the strength of Permanent Judges of the High Court as nine, while as
five remained as Additional Judges of the High Court[34]).
At present the sanctioned strength
of the Hon’ble Judges in the High Court of Jammu & Kashmir is seventeen[35].(13
permanent and 04 additional)
The Chief Justices of High Court of Jammu & Kashmir[36]:
The Chief Justices of High Court of Jammu & Kashmir[36]:
|
1. Hon’ble Shri Justice Kanwar Sain
|
27-04-1928 to 16-02-1931
|
2. Hon’ble Shri Justice Sir Birjor Dalal
|
16-02-1931 to 24-11-1936
|
3. Hon’ble Shri Justice Abdul Qayoom
|
24-11-1936 to 20-07-1940
|
4. Hon’ble Shri Justice Rachpal Singh
|
13-08-1940 to 06-03-1942
|
5. Hon’ble Shri Justice Ganga Nath
|
24-06-1942 to 23-10-1945
|
6. Hon’ble Shri Justice Sir S.K. Ghose
|
29-03-1946 to 29-03-1948
|
7. Hon’ble Shri Justice Janki Nath Wazir
|
30-03-1948 to 02-12-1967
|
8. Hon’ble Shri Justice Syed Murtaza Fazl
Ali
|
03-12-1967 to 01-04-1975
|
9. Hon’ble Shri Justice Raja Jaswant
Singh
|
02-04-1975 to 23-01-1976
|
10. Hon’ble Shri Justice M.R.A. Ansari
|
23-01-1976 to 08-11-1977
|
11. Hon’ble Shri Justice Mian
Jalal-ud-Din
|
15-02-1978 to 22-02-1980
|
12. Hon’ble Shri Justice Mufti
Baha-ud-Din
|
07-03-1983 to 23-08-1983
|
13. Hon’ble Shri Justice V. Angarial
Khalid
|
24-08-1983 to 24-06-1984
|
11-05-1985 to 23-10-1989
| |
15. Hon’ble Shri Justice S.S. Kang
|
24-10-1989 to 14-05-1993
|
16. Hon’ble Shri
|
10-10-1993 to 17-03-1994
|
17. Hon’ble Shri Justice S. Sagir Ahmed
|
18-03-1994 to 22-09-1994
|
18. Hon’ble Shri Justice M. Ramakrishna
|
10-10-1994 to 15-06-1997
|
19. Hon’ble Shri Justice Bhawani Singh
|
16-06-1997 to 21-02-2000
|
21-02.2000 to 22-08.2001
| |
21. Hon'ble Shri Justice H. K. Sema
|
12-09-2001 to 08-04-2002
|
22. Hon'ble Shri Justice B. C. Patel
|
16-05-2002 to 04-03-2003
|
23. Hon'ble Shri Justice S. N. Jha
|
04-02-2004 to 11-10-2005
|
24. Hon'ble Shri Justice B. A. Khan
|
25-01-2007 to 31-03-2007
|
25. Hon'ble Shri Justice Aftab Alam
|
07-06-2007 to 10-11-2007
|
26. Hon'ble Shri Justice K.S.
Radhakrishnan
|
07-01-2008 to 28-08-2008
|
27. Hon'ble Shri Justice Manmohan Sarin
|
04-09-2008 to 19-10-2008
|
28. Hon'ble Shri Justice Barin Ghosh
|
03-01-2009 to 13-04-2010
|
13-04-2010 to 06-04-2011
| |
30 Hon'ble Shri Justice F. M. Ibrahim
Kalifulla
|
24-02-2011 to 02-04-2012
|
31 Hon'ble Shri Justice M. M. Kumar
|
08-06-2012
to 04-01-2015
|
At present His Lordship
Hon’ble Mr. Justice Narayanan Nadar Paul Vasanthakumar is the Chief Justice of
the High Court of Jammu and Kashmir w.e.f.
2nd of February 2015.
The Puisne Judges of the High Court:1905
- 1928:
1. R. S. Bhagat Narayan,
1905.
2. Rai Bahadur
Pt.Radha Kishen Koul. 1969 Svt.
3. R. B. Lala
Sukh Dial. 1969-1947 Svt.
4. K. B. Sheikh
Maqbool Hussain. 1974 Svt.
5. R.B. Kanwar Ramand
1974-1978 Svt
6. Lala Kanwar
Sain. (1978 Svt. ) 1920 A.D. -1928 A.D.
Judges of High Court of
Jammu & Kashmir of Judicature.
1928 A.D. till date[37].
|
1. Shri Justice Bodh Raj Sawhney |
26-03-1928 to 24-11-1936
|
|
2. Shri Justice Aga Syed Hussain
|
10-08-1928 to 30-07-1931
|
|
3. Shri Justice Pt. Kishen Lal Kichlu
|
24-11-1936 to 13-08-1940
|
|
5. Shri Justice Qazi Masud Hassan
|
20-07-1940 to 01-03-1950.
|
|
6. Shri Justice Lala Haveli Ram
|
07-03-1942 to 24-06-1942.
|
|
7. Shri Justice Jia Lal Kilam
|
30-04-1948 to 18-08-1958.
|
|
8. Shri Justice M. A. Shahmiri
|
18-06-1949 to 27-03-1958.
|
|
8. Shri Justice K.V. Gopala Krishnan Nair
|
18-06-1958 to 02-02-1963.
|
|
9. Shri Justice Janki Nath Bhat
|
26-04-1963 to 28-02-1972.
|
|
10. Shri Justice Basudeva Mukerjee
|
12-06-1967 to 12-12-1967.
|
|
11. Shri Justice Anant Singh
|
12-12-1967 to 11-12-1970.
|
|
12. Shri Justice Ram Narain Gurtu
|
15-12-1967 to 14-12-1968.
|
|
13. Shri Justice Mian Jalal-ud-Din
|
10-07-1968 to 14-02-1978.
|
|
14. Shri Justice Mufti Baha-ud-Din
|
27-08-1976 to 10-09-1976
and
19-02-1979 to 23-02-1980.
|
|
15. Shri Justice Ishwar Singh
|
08-03-1972 to 28-10-1972.
|
|
16. Shri Justice Wasi – ud – Din
|
10-08-1972 to 28-10-1972.
|
|
17. Shri Justice Devi Dass Thakur
|
23-03-1973 to 21-02-1975.
|
|
18. Shri Justice Dr. Adarsh Sein Anand
|
26-05-1975 to 10-05-1985.
|
|
19. Shri Justice Ghulam Mohd. Mir
|
17-11-1976 to 10-09-1981.
|
|
20. Shri Justice Iqbal Kishen Kotwal
|
17-11-1976 to 10-09-1983.
|
|
21. Shri Justice Mazhar Ali Shah
|
25-05-1981 to 03-08-1989.
|
|
22. Shri Justice M.L. Bhat
|
25-05-1981 to 23-10-1989.
|
|
23. Shri Justice K.K. Gupta
|
07-08-1984 to 19-10-1992.
|
|
24. Shri Justice S.M. Razvi
|
30-05-1984 to 28-06-1995.
|
|
25. Shri Justice G.A. Kuchhai
|
04-02-1985 to 13-09-1994.
|
|
26. Hon’ble Shri Justice R.P. Sethi
|
30-05-1986 to 17-10-1993.
|
|
27. Hon’ble Shri Justice V.K. Gupta
|
07-11-1990 to 04-05-1996.
|
|
28. Hon’ble Shri Justice B.A. Khan
|
12-11-1990 to 07-10-1997 and
12-10-2005 to 24.01.2007
|
|
29. Shri Justice M.L. Koul
|
14-10-1991 to 31-10-1994.
|
|
30. Shri Justice A.Q. Parray
|
14-10-1991 to 14-08-1998.
|
|
31. Shri Justice Syed Sagir Ahmed
|
01-11-1993 to 17-01-1994.
|
|
32. Hon’ble Shri Justice T.S. Thakur
|
16-02-1994 to 04-03-1994.
|
|
33. Shri Justice R.K. Nehru
|
24-10-1994 to 13-10-1996
|
|
34. Hon’ble Shri Justice M.Y. Kawoosa
|
11-12-1995 to 30-12-1999
|
|
35. Hon’ble Shri Justice B.A. Nazki
|
06-01-1995 to 14-10-1997.
|
|
36. Hon’ble Shri Justice Bhawani Singh
|
22-03-1996 to 16-06-1997.
|
|
37. Shri Justice G.L. Raina
|
26-11-1997 to 19-06-2000
|
|
38. Shri Justice O.P. Sharma
|
26-11-1997 to 16-04-2001
|
|
39. Sh. Justice G.D. Sharma
|
11-12-1995 to 17-03-2001
|
|
40. Hon'ble Sh. Justice A.K. Goel
|
30-11-1995 to 03-06-2001
|
|
41. Shri Justice A. M. Mir
|
21-01-1991 to 24-03-2002
|
|
42. Shri Justice T. S. Doabia
|
11-12-1997 to 13-02-2003
|
|
43. Shri Justice B. L. Bhat
|
11-06-2001 to 07-08-2003
|
|
44. Shri Justice Muzaffar
Jan
|
05-03-2001 to 20-03-2004
|
|
45. Shri Justice Bashir-Ud-Din
|
26-11-1997 to 23-06-2004
|
|
46. Shri Justice Sudesh Kumar
Gupta
|
11-06-2001 to 20-08-2005
|
|
47. Hon'ble Shri Justice V. K
Jhanji
|
02-12-2001 to 11-10-2005
|
|
48. Hon'ble Shri Justice R. C
Gandhi
|
06-01-1995 to 15-01-2006
|
|
49. Hon'ble Shri Justice Permod
Kohli
|
07-01-2003 to 28-04-2006
|
|
50. Hon'ble Shri Justice B.
A. Khan
|
12-10-2005 to 24-01-2007
|
|
51. Hon'ble Shri Justice Bashir.
A. Kirmani
|
09-06-2005 to 13-06-2008
|
|
52. Hon'ble Shri Vinod Gupta
|
05-11-2008 to 05-04-2009
|
|
53. Hon'ble Shri Justice Yash
Paul Nargotra
|
07-01-2003 to 22-08-2009
|
|
54. Hon'ble Shri Justice Nirmal
Singh
|
18-03-2005 to 06-09-2009
|
|
55. Hon'ble Shri Justice Nisar
Ahmad Kakru
|
26-11-1997 to 18-02-2010
|
|
56. Hon'ble Shri Justice Sunil
Hali
|
15-03-2008 to 03-07-2011
|
|
57. Hon'ble Shri Justice Hakim
Imtiyaz Hussain
|
30-09-2004 to 15-07-2011
|
|
58. Hon'ble Shri Justice Jai
Pal Singh
|
04-10-2005 to 05-04-2013
|
|
59. Hon'ble Shri Justice Mansoor
Ahmad Mir
|
31-01-2005 to 27-11-2013
|
|
60.
Hon'ble Shri Justice Virender Singh
|
19-04-2007
to 01-11-2014
|
1. Hon'ble Shri Justice Mohammad Yaqoob Mir.
2. Hon'ble
Shri Justice Muzaffar Hussain Attar.
3. Hon'ble Shri
Justice Hasnain Massodi.
4. Hon'ble Shri Justice Ali
Mohammad Magrey.
5. Hon'ble
Shri Justice Dhiraj Singh Thakur.
6. Hon'ble Shri Justice Tashi Rabstan.
7. Hon'ble
Shri Justice Bansi Lal Bhat.
8. Hon'ble
Shri Justice Janak Raj Kotwal.
Chief Justices and Judges of Jammu
and Kashmir High Court who were elevated to the Hon’ble Supreme Court of India
1. Hon’ble Mr. Justice Murtaza Fazal Ali, Judge, Supreme Court of India.
2. Hon’ble Mr.Justice Raja Jaswant Singh, Judge, Supreme Court of India.
3. Hon’ble Justice Dr.Adarsh Sein Anand, Chief Justice of India
4. Hon’ble Mr. Justice R.P.Sethi, Judge, Supreme Court of India.
5. Hon’ble Mr.Justice Sayed Saghir Ahmed (Chief Justice, J&K High Court), Judge Supreme Court of India
6. Hon’ble Mr.Justice T.S.Thakur, Judge, Supreme Court of India.
7. Hon’ble Mr.Justice H.K.Simha (Chief Justice, J&K High Court) Judge, Supreme Court of India.
8. Hon’ble Mr.Justice Aftab Alam (Acting Chief Justice, J&K High Court), Judge, Supreme Court of India.
9. Hon’ble Mr.Justice K.S.Radhakrishnan (Chief Justice, J&K High Court), Judge, Supreme Court of India.
10. Hon’ble Mr. Justice F.M.Ibrahim Kalifulla (Chief Justice, J&K High Court) Judge, Supreme Court of India.
Judges of the High Court of Jammu and Kashmir
1.
Hon’ble Mr. Justice Mufti Bahu-ud-Din Farooqui, Chief Justice ,
Sikkim
2.
Hon’ble Mr.Justice V.K.Gupta. Chief Justice,
Himachal Pradesh High Court.
3.
Hon’ble Mr. Justice Nisar Ahmad Kakru, Chief
Justice, Andhra Pradesh High Court.
4.
Hon’ble Mr.Justice Permod Kohli, Chief Justice ,
Sikkim
5.
Hon’ble Mr.Justice Mansoor Ahmad Mir, Chief
Justice, Himachal Pradesh High Court.
Judges of High Court of Jammu and Kashmir and Advocates from
the High Court Bar Association, who have been part of the State Government
1.
Hon’ble Mr. Justice D. D. Thakur, Cabinet
Minister for Finance in the Government and later His Lordship had the
distinction of being Governor of North-East States.
2.
Sh. Mirza Afzal Beigh, Advocate, Deputy Chief
Minister.
3.
Pt. Mohan Krishan Tickoo, Advocate Cabinet
Minister.
4.
Sh. G. M. Shah, Advocate, Hon’ble Chief Minister
of J&K.
5.
Kh. Shamas-ud-Din, Advocate, Ex-Prime Minister
of J&K.
6.
Sh. Abdul Gani Goni, Advocate, Ambassador to Jordan
7.
Syed Mir Qasim, Chief Minister of J&K and
Union Cabinet Minister.
8.
Sh. Shabir Ahmad Salaria, Sr. Advocate, Member
Parliament Rajya Sabha.
9.
Sh. Piyare Lal Handoo, Advocate, Cabinet
Minister.
10.
Sh. Ghulam Mohammad Lone, Advocate, Chairman,
J&K Legislative Council.
11.
Sh. Abdul Rahim Rather, Cabinet Minister for
Finance.
12.
Sh. Ali Mohammad Sagar, Advocate, Cabinet
Minister for Law, Justice and Parliamentary Affairs.
13.
Sh. Muzaffar Hussain Beigh, Deputy Chief
Minister of J&K.
14.
Sh. Mohammad Akbar Lone, Speaker, J&K
Legislative Assembly.
15.
Sh. Mir Saif Ullah, Advocate, Minister for Law,
Justice and Parliamentary Affairs.
16.
Sh. Harsh Dev Singh, Advocate, Cabinet Minister
for Education.
17.
Sh. Sartaj Madni, Advocate, Cabinet Minister.
18.
Sh. Aniece Soharwardi, Addl. Solicitor General
of India
Eminent Indian Lawyers who
appeared before the Hon’ble High Court of Jammu and Kashmir
1.
Mr. Mohammad Ali Jinah
2.
Sir Tej Bahadur Sapru
3.
Dr. Gokal Chand Narang
4.
Sir Kamal Kant Verma
5.
Sir Mohammad Zaffer
Ullah Khan
6.
Mr. Charan Dass Kochar
(Gujrat)
7.
Mr. Abdul Qadir (Sialkot
8.
Mr. Jagan Nath Talwar
9.
Khan Bahadur Mian
Mohammad Shafi (Lahore
10.
Sir Syed Wazir Hassan
11.
Khan Abdul Qayoom Khan
(Peshawar
12.
Mr. Asif Ali
13.
Mr. Anant Ram (Sialkot
14.
Mr. K. M. Munshi
15.
Rai Bahadur Badri Dass
16.
Dr. Mohammad Alam
17.
Mr. Coltman
18.
Mr. C. K. Daftri,
Solicitor General of India
19.
Mr. U. M. Trivedi
20.
Mr. Gopal Saroop
Pathak
21.
Mr. N. H. Sanyal
22.
Mr. R. V. S. Mani
Iyanger
23.
Mr. N. C. Chatterji
24.
Mr. Har Prashad
25.
Mr. T. O. Kellock
26.
Mr. G. N. Dixit
27.
Mr. Stelvad, Former
Attorney General
28.
Mr. O. C. Mathur
29.
Mr. V. K. Krishna
Menon
30.
Mr. M. C. Chagla
31.
Mr. A. K. Palkiwala
32.
Mr. A. N. Mulla
33.
Mr. M. L. Bhandari
34.
Mr. Noor-ud-Din Ahmad
35.
Mr. V. P. Gandhi
36.
Dr. L. M. Singhvi
37.
Mr. Lalit Basin
38.
Mr. Nariman
39.
Mr. Ram Jethmalani.
The High Court of Jammu &
Kashmir has two Permanent Benches, one at Jammu
and another at Srinagar
The seats of High Court are located in Jammu
as well as Srinagar
Cities Jammu and
another at Srinagar
The Newly constructed High Court Complex , The foundation stone was
laid by the than Chief Minister Dr.
Farooq Abdullah in the presence of Hon’ble Mr. Justice V.Khalid (Chief Justice of J&K High Court.) On
16th March 1984. And after 10 years it was inaugurated in the Year 1994, by
His Excellency the Governor of Jammu & Kashmir, Gen K.V.Krishna Rao.(Retd)
on 03rd September; 1994. At Janipura
Jammu. Earlier the High Court was housed
in Darbargarh Courts Complex Mubarak Mandi Jammu in the Defence & External Affairs
Ministry Department
Building
The newly erected High Court Complex, Srinagar Wing was built at Srinagar , at Gole Bagh, adjacent to Legislative Council
Building
STATE JUDICIAL
ACADEMY
The Jammu and Kashmir High Court was
one of the pioneers of Judicial Education for Judges in India Jammu
and Kashmir State Judicial Academy
holds the rare distinction of being one of the oldest Judicial Academies in India Kashmir , of the time. Hon’ble Mr. Justice. Murtaza Fazal Ali. First batch of Munsiffs/Judicial
Magistrates were imparted 'Induction Training' by the Training Institute in the
year 1973. Thereafter Jammu and
Kashmir
26th July 2001, Hon'ble
the Supreme Court in “All India Judges
Association v. Union of India[42],”
had laid emphasis on in-depth training for Judicial Officers. It was desired to
have a regular set up, where
Judicial officers of all ranks would get judicial training on regular basis. High
Court of Jammu and Kashmir also established
regular Judicial Academy
in the year 2001, since then Jammu
and Kashmir State Judicial Academy
Foundation Stone for construction of an Auditorium has been laid in
the year 2011 by Hon’ble Mr. Justice Altamas Kabir, Chief Justice of India.
LEGAL AID
Free legal aid was being provided to eligible persons in terms of the
provisions of the J&K State Legal Aid and Advice Board Rules 1987[43].
MEDIATION CENTRE
Mediation centre at Srinagar
The High Court of Jammu & Kashmir houses two Museums, where old
manuscripts and documents have been preserved alongwith some rare photographs
chronicling the milestones of development of High Court and the development of
Judiciary in the state. The museum also has rare copies of Ranbir Dand Bidhi ( Penal Code) and other Landmark Judgements
including Judgements of Hon’ble Supreme Court Bench at Srinagar Srinagar
DISASTER RESPONSE OF HIGH COURT OF
JAMMU & KASHMIR.
On 8th October, 2005 sudden
tremors rocked the valley and huge cracks, fissures and jolts richtered the
areas of Uri, Baramulla and Tagdhar and an earthquake was recorded with
epicentre at Muzaffarabad, just adjacent to LOC near Uri. The High Court issued
special directions on 29th
October, 2005 for providing Justice at doorsteps and ordered Judges to hold
Courts in the affected areas so as to ensure speedy redressal and disbursement
of relief amongst the sufferers. The efforts of Hon’ble High Court were
appreciated by The Hon’ble President of India, Dr. A.P.J.Abdul Kalam who said ;
“Shall I
Talk to you today about the way the Judicial System of the State became a
partner for spot disbursal of compensation to victims of an earthquake in
J&K for ensuring timely compensation to right persons ... I have already shared with you about these and
other beautiful experiences that have made Indian Republic proud. Such
beautiful events and people have been changing the fabric of Nation.[44]”
6th September 2014, the Valley of Kashmir
witnessed unprecedented fury of nature as it rained continuously for a week all
over the valley, River Jhelum which was in spate spilled over and entered in Srinagar Sadder Court
On September, 24th 2014.
J&K floods: Supreme Court formed committee to evaluate ground
situation a 5-member committee headed by Sr Registrar of Jammu and Kashmir
Functioning of the High Court of Jammu and Kashmir
The Judges of the Court especially those who became judges after 1989 were
no less than soldiers who fight at the borders. One such glowing example was
that of Justice A.K.Mathur, who came
as a Chief Justice of this Court from
Allhabad . Though he knew his tenure was just five months which he could have
spent in the comfort of secure and peaceful Jammu
The Chief Justice sent in a word through Advocate General that, the
Chief Justice was given oath and he was told that the Governor[47]
would return in five minutes, and an hour has passed. If he (the Governor) is
very busy, please tell him that chief will leave. On meeting the Governor, it
was told; “ Hazarat Bal is under siege. I just forgot that the Chief Justice is
outside in the lawn. Please tell him to forgive me and take him to the guest
house.[48]”
Everything came to a standstill. Curfew and people did not dare to come out.
Three days, and in the evening at 8.p.m. Advocate General receives a telephone
call. “…you know myself and my wife had
no food. There is nobody in the guest house. Only I am there and my wife is
there. Now I cannot resist. I am almost in bed. I have had no food for three
days. Can you arrange some food for me.” Next morning, Chief Justice went
to the court and also requested the Advocate General to accompany him. There
was no watchman to open the doors. It was para military people who were
requested to give chairs and also a cup of tea. Then came another Judge and
Registrar and also AAG. Only four persons. Chief Justice wrote orders in hand
in the lawns of High Court and copies were issued written in hand by the
Registrar[49].
The Jammu and Kashmir
How much zealous the Judges of this Court felt about the human dignity
and liberty of an individual can be gleaned from the following illustrations:
a) It was canvassed before His Lordship Justice J. L. Kilam, by the Advocate General
relying on an Authority of Calcutta High Court, that in a normal circumstances
when the State is faced with a sort of emergency, the Executive has to be given
extraordinary powers which may have the effect of keeping out to some extent
the judicial scrutiny of the acts done by the Executive. Striking a respectful note of dissent to the
observations of Calcutta High Court, His Lordship observed: “Even
in abnormal times when through some unexpected crevice in these barriers
against judicial scrutiny a voice against illegal act does reach the High
Court, it becomes their duty to be vigilant to see that the liberty of none of
the subjects is deprived except in strict compliance of law. Neither the clouds
of war nor the dust of political upheaval must be allowed to obscure the vision
of the High Court or blur that scrutiny which the High Court may bring to bear
upon any action which savours of oppression or injustice. It can be denied by no sane person that
acting like this is the duty of this Court.”[50]
b) The
Famous Hazarat Bal Case.[51]
The Bar decided not to appear in any case except for this case. When the Court
opened for this case, about 1000 people were inside the Court room. At one
point of time Governor called and informed the Advocate General[52]
that the life of the Chief Justice is in danger and requested that the Chief
Justice be requested to restrict entry or else State cannot protect him if he
allows 1000 people inside the Court room. It was conveyed to the Chief Justice,
who replied: “if I die during the job, I will have no regrets. But I am not going to
close the doors of my court[53].” The Holy shrine of Hazarat Bal was
occupied by militants in October, 1993. Army had put the shrine under siege.
Those inside the shrine also included devotees in the form of women and
children. On the petition by the Bar Association, Court took note of grave
situation and in an extraordinary situation held Srinagar
By the end of the last millennium as many as twenty thousand Habeas
Corpus cases were pending before the High Court[54]. However, by the end of 2007 only 267 such
cases were pending and rest of them were disposed of. In Bilal Ahmad Mir Vs. State & Others[55],
it was held that there should be a link between the detention order and its
purpose, failing which the purpose of detention is snapped on account of delay
in serving the detention, detaining him. The material relied upon the
activities purported to the detenue must be existing at the time of execution
of detention order. The High Court in
Anwar-ul-Haq Vs. Union of India Kashmir & others[57],
held that detention once revoked cannot be passed again on the same ground by
the Authority and the fresh detention order lacks application of mind. General Officer Commanding Vs. CBI &
others[58],
the High Court held that ‘no doubt Section 7 of Armed Forces Special Powers
Act, 1990 provides that no prosecution can lie except with the previous
sanction against person, it does not mean that the Court should refused to
entertain the case without affording parties concerned (i.e., the prosecution
and the defence) opportunity to present their respective cases. The Section is not intended to put a wall
around Army Officer so as to protect them from prosecution for criminal offence
committed by them.
Some of the classical decisions of the Hon’ble Supreme Court of India
in which some highly controversial issues of great constitutional and legal
importance have been settled were from the State of Jammu and Kashmir India
& others[59],
T. N. Khosa & others Vs. State of Jammu and Kashmir[60],
Ishwar Dass Malhotra Vs. Union of India Jammu and Kashmir Full Court
The High Court of Jammu and Kashmir
now enjoys the same powers and privileges as any other Court in the
Country. Since its very inception, this
High Court had the good fortune to be presided over by a galaxy of
distinguished and eminent Judges, who during their tenure of office,
assiduously tried to build up and hand down noble and lofty traditions with the
help of a strong, enlightened and independent Bar who had left impression of their
legal acumen on the learning and laws of State. In the words of Learned Hand: “let us look up
to the great edifice whichever forebearers have built and of which we now are
the guardians and the craftsmen. Though
severally we may perhaps be paltry and in consequent, for the present. It is we
who are charged with its maintenance and its growth. Descended to us, in some sort moulded by our
hands, passed on to the future with reverence and with pride, we advance its
servants and masters renew our fidelity to the law”[67].
We must draw inspiration and motivation from them. It is necessary for more than one
reason. We are the trustees of the
Constitution and law. And that is the trust reposed on us by the Constitution
od India India Kashmir
met the challenge fearlessly with unwavering commitment to the rule of
law. When all the institutions
collapsed, the High Court of Jammu and Kashmir
stood firm at its place as a repository of hope for the aggrieved masses. It was the strength of the High Court as a
vibrant institution of administration of justice that even made those questioning
the sovereignty and territorial integrity of the Country to turn to the High
Court for the redressal of their grievances[70].
The High Court of Jammu and Kashmir ,
despite the trying times and challenges faced, has shown that it is second to
none.
Mahmud Anwar Alnasir. B.Sc. L.L.B. M.A. (Socio)
Words: 7,520
[3] Welcome
address by Hon’ble Mian Jalal-ud-Din, Chief
Justice , Jammu and
Kashmir
[4] Welcome
address by Hon’ble Mian Jalal-ud-Din, Chief
Justice , Jammu and
Kashmir
[25] Welcome address by
Hon’ble Mian Jalal-ud-Din, Chief Justice of Jammu and Kashmir High Court, on
the occasion of Golden Jubilee Celebrations. Souvenir Vol. II Page 1.
[28] D. O. No. 75/6/84-Jus.
Government of India ,
Ministry of Law and Justice (Department of Justice), New Delhi
[29] Order No. 75/6/84-Jus.
Government of India ,
Ministry of Law and Justice (Department of Justice), New Delhi
[30] Order No. 75/6/84-Jus.
Government of India ,
Ministry of Law and Justice (Department of Justice), New Delhi
[31] Order No. 75/6/84-Jus.
Government of India ,
Ministry of Law and Justice (Department of Justice), New Delhi
[32] Order No. 75/6/84-Jus.
Government of India ,
Ministry of Law and Justice (Department of Justice), New Delhi
[33] Order No.
K-12020/1/95.US.I. Government of India ,
Ministry of Law and Justice (Department of Justice), New Delhi
[34] Communication dated 27th November, 2006 of Hon’ble Mr.
Justice B. A. Khan, the then Chief Justice (Acting), addressed to Hon’ble the
Chief Justice of India.
[40] Communication addressed to Khan
Bahadur Maulvi Nazir Ahmed Sahib, dated: March 21st 1929. Kashmir
House, New Delhi.(Office Copy).
[48] Justice Bilal Nazki,
Judge High Court of Andhra Pradesh and ex-Chairman AP State Legal Services
Authority in his Article titled “Free Legal Service Experience in Andhra
Pradesh, published in Diamond Jubilee Celebrations Commemorative Volume. Page 73.
29-30, July, 2006, by High Court of Jammu and Kashmir
[50] Jagat Ram Aryan Vs.
State. 1952 (Reproduced from Welcome
Address by Mian Jalal-ud-Din, Chief Justice of Jammu and Kashmir High
Court. Published in Souvenir Volume-II
(Golden Jubilee Celebrations of High Court of Jammu and Kashmir
[52] Mr. Bilal
Nazki was the than Advocate General who was later elevated as Judge of the High
Court
[53] Justice Bilal
Nazki, Judge High Court of Andhra Padesh & Ex. Chairman AP State Legal
Service Authority, p.74. in his article titled, “ Free legal Service Experience
in Andhra Pradesh, published in Diamond Jubillee Celebrations Commemorative Volume.29-30th July 2006. Srinagar
[54] Justice Bilal Nazki,
challenges faced by the High Court during years of turmoil, published in
Diamond Jubilee Commemorative Volume. 2006
Page 137.
[67] Address by Hon’ble Mr.
Justice H. R. Khanna, Chairman, Law Commission, published in Golden Jubilee
Celebrations, 1978. Souvenir Volume-II,
by High Court of J&K, Page 46.
[68] Presidential Address
by Hon’ble Mr. Justice Y. K. Sabharwal, Chief Justice of India, on the occasion
of Diamond Jubilee Celebrations of High Court of Jammu and Kashmir. Published in Commemorative Volume Page 47.
[69] Reproduced from
Inaugural Address of Hon’ble Mr. Justice Y. V. Chandrachud, Chief Justice of India
[70] Jurisprudence of
Indian High Courts: Annual Survey 2007- Justice Hasnain Massodi, Judge, High
Court of Jammu and Kashmir. Paper
published in Special Issue SJA Newsletter February, 2011 Page 102.
No comments:
Post a Comment