Jammu, March-13: Chief Justice of J&K High Court N Paul Vasanthakumar who will retire tomorrow thanks the Lord Almighty, brother Judges, all Judicial Officers, Learned Advocates, officers/officials of the High Court and State Government, the Press, his family members and one and all for showing affection, cooperation and valuable assistance for my discharge of duties during his tenure as Chief Justice for over two years without fear or favour.
In the letter CJ further said that “I assumed the office of Chief Justice on 2nd February, 2015. Everything was new for me including the food habits, climatic conditions and the local laws which are to be applied while deciding the cases. The learned members of the Bar assisted me in disposal of cases though initially I could not dispose of much cases because of nature of laws but within few days I could realise that there is not much difference between the State and Central laws except in certain areas and on noticing the pendency of more than 55000 cases pending from 1995 onwards, I initiated the process of listing of old cases before the Hon’ble Judges and considerable number of old cases including Full Bench Matters could be disposed of. Various instructions were issued to the District Judiciary also to give priority on disposal of old cases. I could dispose of more than 9350 cases including 5000 main cases only because of the cooperation and valuable assistance rendered by the members of the Bar, including the learned senior counsels, M/S D. C. Raina, U. K. Jalali, Z. A. Shah, Sunil Sethi, P. N. Raina, A. V. Gupta, K.S. Johal, M. K. Bhardwaj, B. S. Salathia and Advocate Mr. Abhinav Sharma. The learned Advocate Generals, Mr. R. A. Jan, D. C. Raina and the present Advocate General Mr. Jehangir Iqbal Ganai as well as the Senior AAGs, including Mrs. Seema Shekhar, S. S. Nanda, ASGI Mrs. Sindhu Sharma, the Additional Advocate Generals and Deputy Advocate Generals have also given valuable assistance in disposal of cases and in particular old cases.”
CJ also noticed that out of 55000 cases more than 6000 contempt petitions (10%) of total pendency in the High Court, due to non compliance of the orders passed even from 2002. Those petitions were also given priority in disposal and the contempt petitions which were pending before the Division Bench were mostly disposed of and the orders passed by the learned Single Judges, who demitted the office, were posted before the Chief Justice or Senior most Judge on everyFriday and compliance of the orders were made possible to the maximum. The reason behind the said approach was that, unless the orders which were already passed are complied with, there is no meaning in passing fresh orders. I am of the firm view that if orders passed, which became final, are not complied with the litigants will lose faith in the judicial system.
CJ further said that as Chief Justice, I thought that closure of 38 Mobile Magistrate/ Sub Courts, inspite of pendency of more than 15000 cases in those courts, was an erroneous decision. Hence a suo moto PIL was taken and the Courts were ordered to continue and now all these 38 courts have become permanent. A news item I read that a “sweeper” was treating patients in a Government Hospital in Udhampur due to want of doctors, closure of schools and in particular a girls school in Jammu, non-payment of proper compensation to the families of civilians and soldiers killed by militant attacks, prompted me to initiate suo moto PILs and some steps were taken to mitigate the plights of the patients, school going children and the families of those persons killed in militancy attacks and One order I wish to mention is an order passed enhancing the widow/ disability/ old age pension from Rs. 500/- to Rs. 1000/- per month which benefited to more than 5.7 lac persons. Similarly release of benefits to families of Jammu migrants numbering around 1000 families in a contempt petition is also a case worth to remember. Though my disposal of cases was not upto the mark when compared to the disposal while I was in Madras High Court, but I have the satisfaction of utilizing the entire Court sittings time for hearing and disposal of cases.
It is further submitted that in the letter that During my tenure as Chief Justice the Lawyers Chambers, construction of which was started in the year 2005, could be completed and inaugurated. A mega Car Parking was created and put in use. The Bar room in District Court Complex Jammu was renovated which gives dignity to the law profession. The Companion Judges fully cooperated during my tenure to carry on administration of Justice in the State. The J&K Bar Council Rules, High Court Service Rules, Rules relating to recording of ACRs were finalized and notified during my tenure as Chief Justice. Number of appointments could be made by following the due procedure, by constituting selection committees by conducting written tests/ viva voce or both. Similarly promotions were made by the promotion committees based on seniority. Thus, grievances of the staff are reduced to maximum possible extent. The selection for appointment or promotion is transparent and I can vouch that the High Court functioned as a light house and when I came over here, the Statutory authorities, namely, Accountability Commission, State Human Rights Commission, State Consumer Redressal Commission, the School fee fixation Committee, Chairman Selection/ Oversight Committee under the Juvenile Justice Act, were not functional and through the orders passed on judicial side these Commissions are now in place except the State Consumer Redressal Commission which again fell vacant due to joining of its Chairman as Judicial Member of Armed Forces Tribunal in January, 2017.
CJ further said that during my tenure as Chief Justice, construction of many new District and Sub Court complexes were commenced or completed and some of them were inaugurated. Few amongst them are District Court Complex Mominabad, Srinagar, Pulwama, Pattan, Baramulla, Anantnag, Samba, Udhampur, Ukhral etc. Besides this the Conference Hall at High Court Complex Srinagar was also inaugurated. All that could be achieved with the active support of the State Administration.
CJ further said that as Chief Justice of this State, I experienced affection and support from all the members of the Bar, Officers and staff of the Registry of the High Court which I will always remember. I recollect that so many Advocates from Madras came here while I assumed the office as Chief Justice. The members of the Bar in J&K State as well as the members of the Bar of Madras High Court have appreciated my judicial functions and conduct which I will always remember and the Registry of this Court is equally competent like Registry of other High Courts and in fact I can safely say that the Personal Staff (Secretaries/ Bench Secretaries/ Private Secretaries/ Stenographers) are better than some other High Courts. I thank my personal staff, security personnel and all the persons who have assisted me from day one to the date of my demitting the office.
CJ further said that Press in J&K State is widely reporting orders/decisions of the High Court which is in a way spreading legal literacy to the common man. A vibrant Press and Bar are also essential for the proper functioning of the judiciary.
CJ further said that though I am demitting the office as Chief Justice, I will try to uphold the Rule of law in whatever manner which I may decide in future. I thank the Lord Almighty, brother Judges, all Judicial Officers, Learned Advocates, officers/officials of the High Court and State Government, the Press, my family members and one and all for showing affection, cooperation and valuable assistance for my discharge of duties during my tenure as Chief Justice for over two years without fear or favour
CJ Thanks Media, Judges and Ors for showing affection, for discharging his duties during
