99 per cent of habeas pleas filed in J&K HC since Article 370 abrogation pending: Bar association tells CJI

The Jammu and Kashmir High Court Bar Association, Srinagar has written to the Chief Justice of India, highlighting various problems that are being faced by its members ever since abrogation of Article 370 of the Constitution, last year.

Disposal of Habeas Corpus Petitions

The association has informed the CJI that since August 6, 2019, i.e. after the Abrogation of Article 370, more than 600 habeas corpus petitions have been filed before the High Court of UT of J&K at Srinagar. However till date, not even 1% of such cases have been decided by the J&K High Court.

Citing an example, the association said the habeas corpus petition of the association’s president, Mian Abdul Qayoom, alone took 9 months for disposal. The matter is now pending before the Supreme Court.

Similarly, it has been pointed out that petitions filed in August/ September, 2019, are yet to be heard by the High Court.

The association has asserted that the primary reason behind such delay in disposal is that no direction has been given by the High Court Chief Justice, asking the Registrar Judicial to list these HCPs before every

judge irrespective of their daily roster, so that the petitions are decided within 14 days as per the High Court Rules.

It is alleged that the Executive Committee of the HCBA ventilated these grievances on behalf of its members before High Court Chief Justice Gita Mittal; however, no concrete steps were taken for resolving their problems.

Non-availability of high speed internet

The letter states that because of restrictions of operation of 4G in the J&K valley, it has become very difficult for lawyers to argue matters through virtual mode, though an option is given to the counsel to appear before the court. The lawyers whose cases are listed are allowed to enter the court premises but their clerks and juniors are not allowed, disabling the lawyers to assist the courts properly, the letter states.

Significantly, the issue of restoration of 4G speed internet services has already been heard by the Supreme Court at length. Vide order dated May 10, 2020, the court refrained itself from passing any positive directions and instead, directed the Centre to constitute a "Special Committee" to examine the issue.

Meanwhile, the Central government passed another order, extending the restrictions on internet speed in the Union Territory of Jammu and Kashmir till July 8, 2020.