Address at the Inauguration of the Diamond Jubilee Celebrations of Jammu and Kashmir High Court, Srinagar
Srinagar : 29-07-2006
Judiciary and Peace Mission
I am delighted to participate in the Diamond Jubilee celebrations of the Jammu and Kashmir High Court. I greet the Hon'ble Chief Justice of India, Hon'ble Chief Justice of the Jammu and Kashmir High Court, Hon'ble Justices of the Supreme Court and High Courts, President and members of the Jammu & Kashmir High Court Bar Association, distinguished legal personalities and other distinguished guests. During the last seventy-five years the Jammu and Kashmir High Court has dealt with many significant cases of national importance and has provided landmark judgments. I congratulate the Hon'ble Judges, members of the bar association and the legal luminaries, both present and past, who have built a robust institutional framework for the Jammu and Kashmir High Court over the last seventy five years. When I am in the midst of the Jammu and Kashmir judicial and legal community, I would like to discuss the topic "Judiciary and Peace Mission".
Leadership with Nobility
Our judicial system is dynamic and an institution which is throbbing with life catching up societal and technological evolution. As the ultimate protector of human rights and the final resort for dispensation of justice, the citizens of India look up to this institution with awe and eternal hope. Our Society is going through a unique dynamics due to the shortage of leadership with nobility. The only hope the nation cherishes and looks to is the judiciary with its excellence and impeccable integrity. We should do everything to make the judicial system succeed. It is said that a nation fails not because of economic progress but because of an increase in decision makers with small minds.
This casts a very heavy responsibility on the entire judicial system to live up to the expectations reposed in it and to maintain the sacred aura attached to it unsullied. Qualities of honesty and integrity are synonymous with each member of the judicial system.
Peace Mission for J&K
Yesterday I addressed the joint session of the joint session of the Jammu and Kashmir Legislature in this very same Convention Centre. I would like to share with you all the distinguished members of the judiciary, "The peace mission for Jammu and Kashmir" as your actions will reinforce and speed up the peace movement in the state which is essential for the development and prosperity to Jammu and Kashmir.
The peace mission will have four major components namely: an economic zone near the Line of Control, social development in difficult areas, a state level movement to eliminate terrorism and citizen security.
Economic zone near the Line of Control: Presently, the area close to the Line of Control is not used for cultivation that can lead to noeconomic activity. The State and Central Government may consider allotting part of the land on lease basis in consultation with the Army for horticulture and agriculture utilization. Once, the people participate in the development of the land, they themselves will oppose intervention from wrong elements. There is also a need to provide special security in this economic zone.
Social development in difficult areas: Social minded religious and other institutions can start educational, healthcare institutions in the state. Members of these institutions should also reach trouble spots quickly and provide humane assistance to the affected people, as was done during the time of Mahatma Gandhi.
State level movement to eliminate terrorism: Citizens must be allowed to participate in large numbers for curbing terrorism. Schools and colleges should promote value based education right from primary education. To promote discipline among students, the Central and State Governments can also consider introducing minimum two years of compulsory NCC training for all students in colleges or the schools. The State Government should authorize law enforcement agencies to enable the state free from terrorists in a mission mode approach. Politics should be above violence against citizens of the state. The State Government should create a conducive environment for all Kashmiris who had left the state to return and contribute to the growth of the state. The police can consider the creation of open police control van patrolling services in small towns and crowded areas. There is also a need to develop highway police, highway tracking and surveillance system as also the possibility of having helicopter based surveillance system for early detection of trouble spots and render assistance. Police and intelligence agencies should work together, foresee the problems and defuse the situation. It is essential to realize that any disturbance to the peace of the state anywhere directly affects all the homes of J&K in all segments of society.
Citizens security: Citizens who wish to co-operate in the peace mission must be provided special security. The state may consider introduction of National ID Cards for all Government to Government, Government to Citizens, Business to Business and Business to Citizen transactions. It is essential to create special monitoring methodology for unusual and abnormal banking transactions. The judiciary must consider creation of a fast judicial process for settling terrorism related cases. Fast action needed to rehabilitate the people who have been affected and also the people who are keen to join the main stream. Protection of human rights of citizens without prejudice to national interests is an important factor, where the judiciary would provide a major role.
It is essential that the judiciary becomes a partner in all the above mentioned four components of the peace mission.
Dynamics of Judiciary
In recent months, I had participated in the Golden Jubilee Celebrations of High Courts of Punjab and Haryana, Andhra Pradesh and Karnataka and had addressed seminars on judicial reforms. In addition, I have interacted with members of Bar Association in the Supreme Court campus. It is indeed a beautiful and timely message to the nation when Chief Justice Y. K. Sabharwal suggested this week the practical concrete steps or speeding up of justice by way steps like a two shift system of working in the courts and use of IT including video conferencing for recording evidences. When I was interacting during the Golden Jubilee Celebrations of Karnataka High Court. The Chief Justice of the Karnataka High Court announced that all the courts in Karnataka will work on Saturdays for reduction of pendant cases. I participated in the launching of "Mobile Legal Aid and Lokadalat in Gujarat and Bihar" with the initiative of Justice Dr. J. N. Bhatt. Also recently we saw fast disposal of rape and theft cases in the session courts of Rajasthan and Tamil Nadu. When I was visiting the Jammu and Kashmir border areas, particularly Tanghdhar, Uri and Urusa to meet the earthquake affected people, the Chief Justice of the Jammu and Kashmir High Court, Justice Bashir Ahmed Khan explained to me the process adopted by the Jammu and Kashmir Government in partnership with the members of the Lokadalat for fast processing and provisioning of funds for the reconstruction of houses of the victims of earthquake. I am very happy with these trends and I congratulate the Supreme Court and High Court and district court for many actions to speed up justice delivery. I am sure many High Courts and district courts will follow the trends in faster justice delivery system.
I would like to share with the Honourable Members an important judgement by the Kerala High Court which I came across recently on the Internet.
Judiciary Partner in Societal Welfare
A Division Bench of the Kerala High Court on 26 March 2006 directed the contractor entrusted with the job of widening the Mullassery canal to complete the work within six weeks.
The Bench comprising the Acting Chief Justice, N. K. Sodhi and Justice K. K. Dinesan, issued the directive on a writ petition filed by the Karakkamuri Resident Association complaining about the delay in completion of works came up.
The court directed the contractor to bring to the notice of the Corporation in writing if there were any obstruction in the execution of works. The Corporation should forthwith take steps to remove such obstructions the Court said.
The Kerala Water Authority, the Kerala State Electricity Board and the Bharat Sanchar Nigam Limited were directed to cooperate with the Corporation.
In an affidavit filed before the court, the contractor undertook to complete the works within six weeks, provided the Corporation released the arrears of amount due to him and removed all the obstructions. The counsel for the Corporation submitted that the amount would be released within two days. As for the obstructions, the Corporation said several water pipe lines of the KWA and cables of BSNL and KSEB were passing through the site, which would have to be removed or shifted for carrying out the construction. The court directed the Corporation and the contractor to file an affidavit on completion of the works.
This judgement indeed reveals how the judiciary has become a partner in societal development.
Judiciary and Purity
A. I have studied the judiciary and legal process in the country. Every citizen wants purity in the system. My study indicates that there are several interfaces in the total system. They are:
1. Political Leaders
2. Law makers - MPs and MLAs
3. Citizens
4. Administration
5. Police
6. Lawyers and Law School
7. Judges - Supreme Court, High Court, district courts
8. Media
B. Every interface has to be transparent and pure, then only an integrated solution from Judiciary will emanate.
1. Political leaders
Respect the law and do not use the processes of power to circumvent the law of the land. Political leaders should set an example for civil society.
2. Law makers
Simplify the Law, discard irrelevant old Acts. Make the system in such a way that the dispensation of justice takes place fast and fairly.
3. Citizens
Respect for others rights and also attempt to use the legal system for good purposes and not for petty, selfish ends or for power politics.
4. Administration
Administration should be responsive, proactive and also innovative to keep pace with contemporary changes and expectations. Administrators should use technology like e-governance to give fast decisions in all respects. It is essential to introduce the National Citizen Identity Cards throughout the country within a year. National Citizen Identity Cards will bring order and accountability in the society and minimize crimes.
5. Police
The Police system should function in a way that good citizens will have faith and nothing to be afraid of. They should not succumb to any external pressures in carrying out their function delivery of justice. They should protect honest officials in discharging their duties. Citizens should feel comfortable and confidence to seek help of the police. At the same time since police personnel have to discharge their duties irrespective of the time of the day, their remuneration and facilities have to be reviewed and made consistent with their responsibilities.
6. Lawyers
The legal profession is not a mere business but it has the responsibility to unfold truth. Therefore they should abide by the principles of professional ethics. Law Schools should engender such values at the beginning and senior lawyers should become role models.
7. Judges - Supreme Court, High Courts, District and other courts
Make truth prevail irrespective of the level of the stature of the affected parties. Speed of delivery of justice is crucial for citizens. Create a mechanism for handling of societal crimes. Courts have a tendency to give the benefit of doubt to the accused purely due to technical reasons. Here, I am reminded of the famous statement of Nani Palkivala "law is somewhere and justice is somewhere else". I would suggest that the Hon'ble Justices assembled here should take the responsibility to ensure that both law and justice become convergent and point in the same direction. One of the important issues which is to be addressed in the Jammu and Kashmir environment is terrorism. The judiciary can find a method by which cases pertaining to terrorism are dealt with on priority and they are not allowed to drag on through multiple adjournments and multi-level of appeals. A system needs to be designed to resolve the issue fast without sacrificing the principle of natural justice. This is an important area where all the members of the judiciary and the legal community have to work together towards a lasting solution.
8. Media
The media should remain vigilant and pro-active. However, they should apply adequate caution not to pre-judge issues or become sensational.
Conclusion
Recently I came across how court enlisted citizen participation in promoting innovation in judiciary. The Chief Justice of a nation invited people with good ideas on how to improve the court system. The provider of the best idea could win $ 30,000 in cash. Any one could submit the idea and they could be in any area of court work from general administration to specific court services, financial management and technologies. As a part of the Diamond Jubilee Celebrations of the Jammu and Kashmir High Court, the Honourable Chief Justice of J&K may consider inviting such suggestions for improvement and reward the idea suitably. This will be the Jammu and Kashmir Court system embark on to become the best court system in the country.
Our judiciary has a glorious tradition. It has given wholesome meaning and healthy content to our democracy. We have every reason to be proud of our system and I have no doubt that as days go by, our judicial system will go from strength to strength justifying the citizens' faith in it and their hopes and aspirations for speedy dispensation of justice.
Once again let me greet all the members of the Legal and Judicial Fraternity of the Jammu and Kashmir High Court on the occasion of the Diamond Jubilee Celebrations. My best wishes to all of you in your mission of providing speedy justice with nobility.
May God bless you.