By HC Jalmeria, Advocate
Once again there is a proposal of shifting housing of J&K High Court at Jammu. This gave a reason for flashbacks on the subject.
High Court of Judicature of Jammu & Kashmir was established on 26.3 1928 vide order no.1 of Maharaja Hari Singh. One Chief Justice Lala Kanwar Sein, and two judges: Rai Bahadur Bodh Raj Sawhney & Khan Sahib Aga Syed were appointed. It used to move between Jammu and Srinagar as in the case of Govt. offices in Darbar Move.
In Jammu City its housing has moved to various buildings during this period. Elderly people say that the High Court was housed in a building located in Kucha Nahar Singh, Panjtirthi, Jammu before it was shifted to Mubarak Mandi. At Mubarak Mandi, it was first housed in the upper floor of the northwestern block near the Panjtirthi entry gate above the lower courts. After the end of Maharaja's rule, the High Court was shifted to the southeastern block which used to house State Army HeadQuarters. When I joined the practice in 1982, the High Court was functioning at the Ex-Army Headquarters Block of Mubarak Mandi. District Courts used to function from the block where the High Court was earlier and also one block outside the gate (Main Deodi) towards Pacca Danga.
In the eighties, searches started for locations for new places for housing various departments of the State Govt. which were functioning from the Mubarak Mandi as the building was to be vacated having been declared heritage and also unsafe being old. The High Court also started the search. The then Hon'ble Chief Justice Dr AS Anand along with Senior Advocate SP Gupta visited Janipura and made a proposal for shifting of the Courts to that place. The Bar also agreed after due consideration.
J&K High Court construction started earlier which was completed in 1994. At the time of shifting, the Bar Association Jammu raised the issue of shifting of District Courts also along with High Court and till then to wait for. The then Hon'ble Judges were not in favour of taking the baggage of district courts along to the same location. They then suggested shifting of the District Courts to Sidhra. The Bar had to agitate and Mr Chand Mohan Gupta was the president. Ultimately, the Government agreed to construct District Courts also at Janipura, the present location. The High Court shifted in 1994 and lawyers had to shuttle between High Court at Janipura and District Courts at Mubarak Mani for ten years. It was in 2004 when construction of the District Courts building was completed and these courts could be moved to Janipur.
There were no chambers, again Advocates fraternity had to agitate and got the present lawyers' chambers building. The lawyers' Canteen, Director Litigation office, and Advocate General office buildings were later constructed in stages and were made functional. The parking area was also expanded. The Judicial Academy has also been constructed and is functioning.
Of late, the issue of space shortage surfaced in the High Court complex for Court Rooms, Registry, Library and Record Room etc. A proposal was made and a detailed project was prepared a few years earlier for adding two/three new blocks to the existing building of the High Court at Janipur. However, that project seems to have been abandoned and a new proposal has been prepared for shifting of High Court only to Raika Reserved Forests for which the foundation stone was laid by the Hon'ble Chief Justice of India on 28th June.
There is no need to shift the High Court from its present location at Janipur for the reason that there is sufficient land for the expansion and building of all modern infrastructure required. As far as connectivity is concerned, there is a proposal for the flyover and Metro Railway to connect with the High Court. This place is better for public connectivity and convenience. Already much infrastructure is in place here and it would not be proper to abandon or give it up. Raika Reserved Forest is located on the National High Way and already there are usual traffic jams. When the Courts also shift there, traffic jams will be more and would cause hardship to the people and advocates etc. Raika Reserved Forest is the only source of Oxygen for Jammu City and abode for enormous flora and fauna.
Let the authorities responsible consider it seriously and let us use our limited resources economically and make sustainable development with a futuristic vision.
A much lesser budget, as proposed for Raika, would be required to expand the requisite infrastructure at the present location of Janipura for consolidation of all Courts and Quasi-Judicial Fora.
