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    IndiaLaw Minister, AG draw flak for SC judgment on SARFAESI

    Law Minister, AG draw flak for SC judgment on SARFAESI


    Law Minister, AG draw flak for SC judgment on SARFAESI

    Srinagar, Dec 22: The Supreme Court judgment on the SARFAESI Act is turning out to be another headache for the government with separatist leadership planning protest today. The PDP-BJP coalition government was hoping for a respite after the separatists ended the calendar protests after five full months. Legal experts are now questioning the position and performance of the J&K Law Ministry and Advocate General Jehangir Iqbal Ganai in such sensitive cases.

    Law Minister Abdul Haq Khan's statement on the SC verdict further added to the confusion and the apprehensions in the Valley. “I have gone through the judgment and read it thoroughly. We have achieved two things in this judgment. First Supreme Court said that Article 370 is a permanent provision of Indian Constitution. And second, Supreme Court has upheld our state subject laws and reiterated that outsiders can't purchase a movable property in and ,” Khan said in a statement to local news agency.

    Former Advocate General M.I Qadri while speaking on the issue said that state government should have arranged a senior lawyer for handling cases like these instead of appointing a “junior” one.

    “State should have appointed a senior lawyer for handling cases like these. They should have sent Attorney General, if he was not available, Solicitor General should have represented the state. If they were not available, there are so many senior lawyers in the Supreme Court who should have appeared on behalf of the state but that didn't happen,” he said.

    He, however, added that Advocate General was the first Law officer of the state and should have ideally handled the sensitive case like this himself.

    “When I was the Advocate General of the state, I used to keep know-how of each case and with regard to super sensitive cases, I used to go there myself. Everybody should be blamed for it not only Advocate General. Law Minister claims he is a lawyer, he should have himself taken care of all the sensitive cases including the SARFAESI Act and he should have instructed his team that senior lawyers should appear on behalf of the state,” Qadri said.

    He further said that, “the whole system has been disturbed or discontinued otherwise in super sensitive case like this, the state government should have engaged senior constitutional lawyer.”

    The Law Ministry's top officer Jehangir Iqbal Ganai is also facing flak for his ‘cavalier' approach to sensitive issues. His woes must be compounded after senior PDP MP and former Deputy Chief Minister Muzaffar Hussain Baigh is also believed to be riled with the functioning of the AG, a post on which Baigh himself served in the late 80s.

    Media reports published in Jammu say that Baigh lashed out at the AG in an open Court earlier this week after Ganai failed to appear in a case between a private construction giant for whom Baigh was appearing and the state Government. As such the state Government sought another adjournment due to unavailability of the AG. An upset Baigh then lashed out at AG.

    The Northlines is an independent source on the Web for news, facts and figures relating to Jammu, Kashmir and Ladakh and its neighbourhood.

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