Shadow Correspondent
Jammu, Nov, 01
The J&K High Court Bar Association, Jammu, held its General House meeting today on Ist of November 2019 in the Conference Hall of District Court Complex, Janipur, Jammu, under the Chairmanship of Mr. Abhinav Sharma, President, J&K High Court Bar Association, Jammu, in which majority of the members including Senior Advocates namely S/Sh. Sunil Sethi, M.K. Bhardwaj, M.A. Goni, B.S. Slathia, Surinder Kour and Advocates namely Anil Sethi, Rajesh Kotwal, H.C. Jalmeria, C.M. Sharma, J.A. Kazmi, M.P. Singh Palli, Meenu Koul, R.K. Durswal, Daljeet Singh Manhas, Nitin Sambyal, Pardeep Gupta, Arjun Singh Manhas, participated and in addition to this about 700 other lawyers including office bearers of JKHCBAJ namely S/Sh. Rohit Bhagat, Vice President, Abhishek Wazir General Secretary, Pardeep Majotra Joint Secretary & Sushant Samnotra Treasurer and office bearers of Young Lawyers Association namely S/Sh. Nitin Bakshi President, Sarvesh Kotwal, Vice President & Amzi Arthur John Cashier were also present in the meeting. The members of the Bar Association in one voice were of unanimous opinion in opposing the decision of the Government regarding divesting Judicial Magistrate powers of registration of documents and simultaneously conferring the same upon the Revenue Officers .
The members of the Association also strongly opposed the decision of proposed shifting of High Court Complex from Janipur Jammu to Raika.
Both the decisions regarding conferring powers of registration of documents having been transferred from Judicial Magistrates to Revenue authorities and shifting of High Court Complex from Janipur Jammu to Raika were neither in public interest nor in the interest of Advocates, in as much as, registration of documents with the able assistance of Advocates facilitates the expeditious and legally sustainable registration of various documents like Sale Deeds, Lease Deeds, Mortgage Deeds, Gift deeds and other miscellaneous documents, as the Advocates and Judicial Magistrates are possessed of not only legal knowledge but legal niceties as well, which factors are of paramount consideration in registration of documents and minimise the chances of further litigation. Whereas, conferring the said powers upon Revenue authorities who are not well versed with intricacies of law, except possessing knowledge on the subject of Revenue laws only. Therefore, allowing the Revenue authorities to register the documents may result in to multiplicity of litigation and possibility of even nepotism, favoritism and even extraneous considerations may not be ruled out, apart from causing inconvenience to the general public in approaching different Revenue officers for the purpose of registration of documents.
So far as shifting of High Court Complex from the existing complex situated at Janipur Jammu to the proposed site at Raika is concerned, it was also opposed by the members as the same requires deforestation by cutting thousand of trees standing on the proposed site which is only lung area of Jammu city and would cause serious inconvenience to the general public and Advocates as well, in as much as majority of Advocates of JKHCBAJ are practicing in both the courts i.e. J&K High Court , Jammu, District Courts and subordinate courts as well.
Therefore, shifting of the High Court would further delay and prolong the disposal of already pending cases for decades together, apart from causing serious loss to the public exchequer. Whereas the existing High Court Complex can cater the demand by raising further construction which proposal was mooted few years back and even some exercise was undertaken in that direction and the same has been sheved without any reason .
Taking serious note of both the issues, the JKHCBAJ, finally decided to abstain from the work in all the courts including J&K High Court, District Courts, Subordinate Courts, Tribunals and Revenue courts for indefinite period till both the aforesaid demands are resolved by the Government.
The J&K High Court Bar Association, Jammu, made it clear that both the aforesaid demands have nothing to do with the revocation and abrogation of Article 370 of the Constitution of India, as shifting of the High Court Complex has nothing to do with Article 370 and proposal was moved before the revocation of Article 370, whereas the decision of the Government to divest the powers of registration of documents from Judicial officers and conferring the same upon the Revenue authorities has also nothing to do with the revocation of Article 370, as the aforesaid powers have been conferred upon the Revenue authorities by the Government while exercising the powers available with the government to appoint officers for registration of documents under the Central Registration Act and while exercising those powers , the government could have either continue with the existing system of registration of documents by Judicial officers or by conferring the same afresh upon Judicial officers under the Central Registration Act. Moreover, the J&K High Court Bar Association, Jammu, support the revocation of Article 370.
The J&K High Court Bar Association, Jammu, further makes it clear that even the J&K Registration Act which is now made inapplicable was having the same provisions as are available in the Central Registration Act. Therefore, Article 370 has even no remote connection with the registration of documents.
