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2012 DIGILAW 695 (JK)

Mohd. Amin Beigh v. State and Ors.

2012-11-02

MUZAFFAR HUSSAIN ATTAR

body2012
Muzaffar Hussain Attar, J.— 1. While dismissing HCP No. 15/2012, the Court issued certain directions to the State of Jammu and Kashmir through Chief Secretary vide Judgment dated 09th July, 2012. Paragraphs (a) to (e) of the said Judgment are taken note of:.... a). The State of J&K through Chief Secretary is directed to take immediate steps for identifying and for providing support to the poor girls of the State so as to enable them to live honorable life. Besides above the Chief Secretary is directed to take steps by giving proper and due publicity to the Schemes sponsored by the Central Government and State Government, which schemes provide for upliftment as also for providing assistance and for important training to the poor girls so as to enable them to earn their livelihood and lead dignified life. The Chief Secretary to ensure that publicity of such schemes is given in both print and electronic media at Panchayat level and by beat of drum in all the villages of the State. b). The Commissioner Secretary to the Government Department of Social Welfare is directed to immediately provide all necessary information to the Chief Secretary of the State in respect of schemes floated by Central Government and State Government, where under the poor woman of the State are to get benefits. c). The State of J&K through Chief Secretary is directed to take immediate steps for conferring powers on all the Courts of Additional District Judges in the state of J&K, excepting that of District Srinagar and Jammu, and confer powers on these courts under Prevention of Corruption Act, SVT. 2006 (1949 A.D). The Chief prosecutors of the Districts be initially assigned the job of prosecutors in these courts in the case covered by Prevention of Corruption Act SVT. 2006 (1949 A.D.) d). The State of Jammu and Kashmir to take steps for amending the P.C. Act or make new law for retrieving the money/wealth and for confiscating properties which have been accumulated through corrupt practices. e). The Chief Secretary to file compliance report within three months from the date copy of this order is served on him by the Registry of this Court. Registry to serve the copy of this order on Chief Secretary and Commissioner Secretary to Government, Social Welfare Department forthwith. The Registry is directed to register the copy of this Judgment as Misc. The Chief Secretary to file compliance report within three months from the date copy of this order is served on him by the Registry of this Court. Registry to serve the copy of this order on Chief Secretary and Commissioner Secretary to Government, Social Welfare Department forthwith. The Registry is directed to register the copy of this Judgment as Misc. Petition and list the same before appropriate Bench in accordance with the orders of Hon'ble Chief Justice on 11th October, 2012 for ensuring compliance of the directions contained in paragraph (a) to (d). The copy of the Judgment has been diarized as Cr. MP. No. 31/2012 and in pursuance to the orders of the Hon'ble Chief Justice, same is listed today. 2. In order to ascertain as to whether the copy of the Judgment was sent to Chief Secretary and Commissioner Secretary to Government, Social Welfare Department, note of Registry on the original file was perused, which revealed that the copy of the Judgment has been forwarded to Chief Secretary and Commissioner Secretary to Government, Social Welfare Department on 12th July, 2012. In terms of direction (e), the Chief Secretary had to file compliance report within three months. Three months have elapsed, but compliance report has not been filed. 3. In our Constitutional scheme it is the people who are sovereign and power flows from them. In the democratic system, in which we are living, the people elect their representatives and create trust in them with benign hope that their problems will be solved and grievances will be redressed. The power which is transferred from people to few individuals through democratic process creates trust in such individuals and they hold their positions as trustees of the people. 4. Unfortunately some people with soulless bodies and rayless eyes are showing cruel insensitivities to the sufferings and plight of those very people, who catapult them to the positions of importance. The cruel insensitivities exhibited by few people may result in ultimate breakdown of democratic Institutions and convert a society governed by rule of law into one governed by rule of Jungle. 5. This Court which is creature of Constitution is duty bound to ensure that rule of law is maintained and effectuated in all circumstances. One of the fundamental functions of other organs of the State viz. 5. This Court which is creature of Constitution is duty bound to ensure that rule of law is maintained and effectuated in all circumstances. One of the fundamental functions of other organs of the State viz. Executive and Legislature is to ensure that they make law and take steps for creating a corruption free society. 6. Prima-facie, it appears that by not filing the compliance report, the State has failed to perform its Constitutional and statutory obligations towards its own people. Like other democratic Institutions, the Institution of Judiciary also survives on the faith of the people. It, thus, becomes duty of the Court to ensure that its orders and judgments are implemented in letter and spirit. 7. In order to proceed with the matter with vibrating zeal and pulsating enthusiasm, Mr. B.A. Bashir, Learned Sr. Advocate, is requested to assist the Court. 8. Registry is directed to provide copy of the Writ Petition with Annexures and Judgment dated 9th July, 2012 as also copy of this order to Mr. B.A. Bashir, learned Sr. Advocate and reflect his name as counsel in the cause list. 9. The Chief Secretary has failed to file compliance report. However, one more opportunity is granted to the Chief Secretary of the State to comply with the directions contained in order dated 9th July, 2012 of the Court passed in HCP. No. 15/2012. 10. Registry is directed to forthwith send copy of this order to Chief Secretary of J&K and ensure acknowledgment thereof. 11. List this Petition on 3rd December, 2012. Meanwhile, Chief Secretary to file compliance report. 12. It is made clear that incase compliance report is not filed, the Chief Secretary to appear in person on next date. The record of the Writ Petition be tagged with this Criminal Miscellaneous Petition.