"Third organ of government on its last limb:" Lawyers' strike in Jammu enters Day 25, litigants left in the lurch

Lawyers in Jammu continue to strike over the non-fulfilment of their long-pending demands for the construction of a building within the High Court premises to house various tribunals..As of Tuesday, August 16, court work at the Jammu Bench of the High Court and subordinate courts in the region has remained affected for 25 days..The strike, which was called for by the Jammu & Kashmir High Court Bar Association in Jammu on July 23, will extend till August 18, at least..A notification issued by the Bar Association on August 16 reads,"It is for the information of all the worthy members of J&K High Court Bar Association that the work shall remain suspended on 17th and 18th August, 2022 (Wednesday & Thursday) in all the Courts including including the Hon'ble High Court, District Courts, Tribunals, all Revenue Courts and Commissions, in support of the demands already projected by the association for construction of multi storey building for housing all tribunals within the court premises.".The Association also passed a resolution stating that any member of the Bar not taking part in the abstention will be placed under suspension. .In light of the strike, litigants from several far-flung areas of Jammu including Rajouri, Poonch, Kishtwar, Doda, Ramban and Bhaderwah are preferring not to visit the courts. Venting his frustration at the situation, Imran Hussain, a litigant from Doda says,"I have some urgency to file a Habeas Corpus petition to protect my fundamental rights from some unlawful and criminal acts, but the ongoing work suspension has increased my suffering more, due to which I am unable to get justice. I am approaching my counsel on a daily basis for seeking relief...but he is asking me to wait till lawyers' strike gets over.".Another litigant (name withheld) from Jammu's Reasi expressed deep anguish while saying that the silence on the part of judicial and administrative authorities is the actual cause behind the problems faced by the masses. "The authorities concerned must consider the lawyers' demands so that the public does not suffer any more," he said..Since 2019, the lawyers have been making demands for the construction of a building within the court premises to house various tribunals including the Central Administrative Tribunal (CAT) and the Armed Forces Tribunal (AFT)Advocate Atul Raina told Bar & Bench that lawyers have been facing these problems for a long time, but no one has paid heed to them. Representations made to authorities including the Law Secretary, the Lieutenant Governor and the Chief Justice, have fallen on deaf ears..In fact, the response of judicial authorities was to initiate contempt proceedings against lawyers who reportedly obstructed litigants and other lawyers from accessing district courts and the High Court by blocking gates.In 2019, the Bench of former Chief Justice Gita Mittal and Justice Rajesh Bindal had issued show cause notices to four advocates who were found to be spearheading the protests and enforcing the closure of gates to courts.In that order, the Court, taking note of the various strikes conducted by Jammu lawyers over the years for various reasons, noted,"The entire justice dispensation system in Jammu has been held to ransom...".Justice held to Ransom: Jammu & Kashmir High Court issues contempt notice over lawyers’ strike [Read Order].So why exactly are the lawyers demanding a building to house the tribunals? Advocate Ankur Sharma explains,"Justice delivery system in Jammu is in a very sorry state of affairs. We have a CAT which is not fully functional since March 2022. We have consumer forums which again are not in existence fully since the abrogation of Article 370. For bank cases, litigants have to travel to Chandigarh, as there is no Debt Recovery Tribunal in J&K. Judicial infrastructure is in doldrums virtually tattered. Third organ of the government on its last limb in Jammu.".General Secretary of the Bar Association, Advocate Surjeet Singh Andotra told Bar & Bench that the authorities have established the CAT in a place which is suitable neither for lawyers nor for the general public.President of the High Court Bar Association Advocate MK Bhardwaj said that the work suspension is a mark of protest so that the administration, which is in deep slumber, does the needful in favour of lawyers and litigants.Bhardwaj further stated that the shifting of courts and tribunals outside the district court complex has caused lawyers and litigants "insurmountable hardship." "We are seeking the housing of different tribunals in a single-multi dimensional complex of the High Court...there is adequate space available in the court complex," he added..The lawyers were promised the moon when former Chief Justice Gita Mittal had approved a plan for construction of a brand new district court complex on land available behind existing High Court. As was revealed in a letter penned by Justice Mittal, plans were underway to shift 13 tribunals, including the AFT and CAT, into space made available by shifting the trial court to a new building.However, nearly two years since she demitted office, no progress has been made in this regard..The stand of High Court on this demand remains unclear even as the stalemate continues. The Registrar General of the High Court did not respond to queries made in this regard..Meanwhile, the Bar Association is planning to hold a Jammu Bandh after consultation with members of civil society including political parties, the chamber of commerce, transporters and students. It has also called upon office bearers of district bar associations to join the agitation..[Read strike notice]