HC adjourns hearing in encounter involving Army chief

The State High Court nowadays adjourned the hearing of the alleged faux encounter case involving the designate Chief of Army workers, Lieutenant General Bikram Singh, who was Brigadier 1-Sector Rashtriya Riffles of Army in south Kashmir when the encounter occurred, by one week.

Justice Mansoor Ahmad Mir adjourned the case until might ten when the State Government counsel, Advocate Nissar Hussain Shah, informed the Court that the objections filed by Senior Superintendent of Police, Anantnag within the case be taken on board as that of the State Government still.

Earlier on April eleven, the High Court had granted one week's time to the State Government to file objections when the Deputy Advocate General of the State, Alaudin Ganai, prayed that point be given to the State Government to file objections.

SSP Anantnag has pleaded before the court that the petitioners never approached them with the plea seeking reinvestigation of the case.

The police report has additionally rubbished the claim that the encounter at Janglat Mandi was faux saying the death of 2 civilians, a military officer and a soldier were facts to the contrary.

Defence Ministry had already submitted their objections to the petition filed by Zaituna, who has alleged that her son Abdullah Bhat, a resident of Macchil in Kupwara district, was killed during a faux encounter at Anantnag city in March 2001 and later branded as a Pakistani militant 'Mateen Chacha'.

According to the objections filed by the Defence Ministry, Lt Gen Singh, who was then a Brigadier commanding the one Sector Rashtriya Rifles in south Kashmir, was returning to Anantnag when visiting varied Army units.

Later, when the military convoy stopped at Janglat Mandi in Anantnag, a militant disguised as a beggar opened indiscriminate fireplace upon the Armymen.

The dead included Colonel J P Jam, the then Commanding Officer of an area RR unit, Sepoy Ganesh Kumar, Muhammad Shafi son of Abdul Rasheed of Hazratbal-Anantnag, and Abdul Ahad Sheikh son of Ghulam Muhammad Sheikh of Janglat Mandi-Anantnag.

Another person was killed within the retaliatory action of the military and police later 'identified' him as a resident of Pakistan.

The counsels for the Defence Ministry, Advocate Karnail Wazir Singh {and the|and therefore the|and additionally the} petitioner Advocate Zaffar Ahmad Qureshi were also gift within the court.

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Court awards death sentence to murderer

Principal Sessions Judge Jammu Jang Bhadur Singh Jamwal, today awarded death sentence to Mohd Yousuf Shah S/o Abdul Gani Shah R/o Palhel Assistant Colony, Nowabad, Bathindi, for committing murder of small boy, Owaise Rashid.

According to the prosecution case that investigation revealed that accused Mohd Yousaf on 12.3.2003 called Owaise Rashid, deceased, into his house at Bathindi and committed sodomy with him and when Owaise Rashid called for help, the accused strangulated the neck of Owaise Rashid with a towel with the result he died on spot. After that accused wiped his semen with a piece of cloth of cream colour and same was kept in his kitchen. Then he put the dead body of the victim in the Gunny bag and kept the body in a store over the bathroom. After that he went to Bari Brahmana to his relative Mohd Saleem Khan and Sohan Lal and hatched a conspiracy with them to destroy and hid the dead body of the deceased and accused Mohd Yousaf went to his house at Bathindi. On the same day at about 8.45 PM accused Mohd Saleem Khan and Sohan Lal came at the residence of Mohd Yousaf with matador No.1973-JK02P and the dead body was loaded in that matador and while they were going towards Railway crossing, police suspected some foul play and intercepted the matador and seized the dead body and accused were caught and after completion of investigation challan was presented in the Court u/ss 302/377/201/511 RPC.

In the 77 pages judgment Principal Sessions Judge Jammu Jang Bhadur Singh Jamwal after hearing both the sides and going through the case of prosecution observed that Court have taken notice of the fact that shockingly large number of criminals go unpunished thereby increasingly encouraging the criminals and in the ultimate making justice suffer by weakening the systems credibility. Although the increasing number of cases which affect the society may hold some value for the sentencing court, but it cannot give a complete go-by to the legal principle laid down by the Supreme Court in Bachan Singh case that each case has to be considered on its own facts.

Principal Sessions Judge Jammu, Jang Bhadur Singh Jamwal further observed that the reasons why the community as a whole does not endorse the humanistic approach reflected in `death sentence-in-no- case doctrine are not far to seek. In the first place, the very humanistic edifice is constructed on the foundation of `reverence for life principle. When a member of the community violates this very principle by killing another member, the society may not feel itself bound by the shackles of his doctrine. Secondly, it has to be realized that every member of the community is able to live with safety without his or her own life being endangered because of the protective arm of the community and on account of the rule of law endorsed by it. The very existence of the rule of law and the fear of being brought to book operates as a deterrent of those who have no scruples in killing others it if suits their ends. Every member of the community owes a debt to the community for this protection. When ingratitude is shown instead of gratitude by `killing a member of the community which protects the murderer himself from being killed, or when the community feels that for the sake of self- preservation the killer has to be killed, the community may well withdraw the protection by sanctioning the death penalty. But the community will not do so in every case. It may do so in rarest of rare cases when its collective conscience is so shocked that it will expect the holders of the judicial power centre to inflict death penalty irrespective of their personal opinion as regards desirability or otherwise of retaining death penalty. The community may entertain such a sentiment when the crime is viewed from the platform of the motive for, or the manner of commission of the crime, or the anti-social or abhorrent nature of the crime, such as for instance.

Principal Sessions Judge Jammu, Jang Bhadur Singh Jamwal further observed that the deceased who was put to such a tortuous act even did not know how to resist and was incapable of defending himself. The children at such a tender age are prone to tutorship and are swayed by such kind of criminals on one pretext or the other. The accused Mohd Yousuf Shah performed an act which otherwise was not permissible under law. While going through the evidence tendered by the prosecution witnesses at the trial and seeing all circumstances appearing therein, the conscious of the court is shattered. The society at large would not agree with the lesser punishment provided therein. Though the imposing of sentence is not the job of the society or anybody else is also not a matter of entertainment for the public. Same time for such a heinous crime, the lesser punishment will also be an injustice to the departed soul. The children are common for all. As a general saying is popular that all children born are common because it is expected from the society to provide the maximum care and protection to the children. The violence against the children and a sexual abuse in particular is a greatest sin on the earth. I am conscious of the fact that more than 97 countries in the World have terminated the capital punishment out of their Statutes but the fact still remains that many countries have kept the same constitutionally valid. So long the death penalty exists on the Statute the courts are empowered to inflict the same. The only matter which has to be distinguished is that the offence committed should be such which has sent a rein of terror to the society and children in particular. The beastly conduct of the accused Mohd Yousuf Shah committing sodomy on such a small children and committing his murder, suffocating him by strangulation has given me a thought that such kind of criminals cannot be reformed by rehabilitation or by other means of the state. There is no other any assurance come forward from the accused Mohd Yousuf Shah in defence or interceding the arguments that he will not repeat such an offence again and has become continuous threat to the society and children in particular. A person who has taken the life of such a small child for fulfilling his overt sexual lust has no right to live on this earth. The other accused Sohan Lal has been guilty of assisting and disposing of the dead body of the deceased, is not guilty of the capital punishment. The case of accused Sohan Lal cannot be equated and kept on the same pedestal. Accordingly, Court was satisfied that the accused Sohan Lal is guilty of lesser punishment and court is also satisfied that this case falls in the category of "rarest of rare case" and is uncommon from the other offences of like nature as the accused accused/convict Mohd Yousuf Shah has lured a small child for fulfilling his sexual lust and thereafter killed him, makes this case uncommon and deserves extreme penalty.

With these observations Court ordered that The accused/convict Mohd Yousuf Shah S/o Abdul Gani Shah R/o Palhel Assistant Colony, Nowabad, Bathindi shall be hanged by neck till death and also fined the sum of Rs. 10,000/- u/s 302 RPC. U/S 377 RPC, he shall suffer rigorous imprisonment for life and also fined the sum of Rs. 10,000/-. U/S 201 RPC, he shall also suffer rigorous imprisonment for seven years and also fined the sum of Rs. 10,000/-. U/S 511 RPC, he shall also suffer rigorous imprisonment for seven years and also fined the sum of Rs. 10,000/-. All the sentences shall, however, run concurrently. The accused/convict Sohan Lal @ Sonu S/o Ram Chand R/o Phinder u/s 201 RPC shall suffer rigorous imprisonment for seven years and also fined the sum of Rs. 10,000/-. U/S 511 RPC, he shall also suffer rigorous imprisonment for seven years and also fined the sum of Rs. 10,000/-. Both the sentences shall, however, run concurrently. The accused/convict Mohd Yousuf Shah is hereby informed of right to appeal within fourteen days, if he chooses so. The record of the case be submitted to the High Court of J&K at Jammu for confirmation of the sentences imposed. The office is directed to transmit the record of the file forthwith to learned Registrar Judicial with the prayer to enlist the case before the High Court for confirmation of the sentences.

Principal Sessions Judge issued General Arrest Warrants u/s 512 CrPC against Mohd Saleem Khan S/o Shamas Din Khan R/o Phinder.

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HC Judges call on Governor

Justice Virender Singh and Justice Mansoor Ahmad Mir, Judges of the High Court, met N. N. Vohra, Governor, at Raj Bhavan here this evening.

During their meeting, the Governor and the Judges discussed issues relating to the highly beneficial services being rendered by the J&K High Court Legal Services Committee. They also discussed the broad agenda of the Conference on Mediation and Conciliation Activities being organized by the State High Court at Jammu on 17th March, 2012.

V. K. Duggal, former Union Home Secretary also called as Mr Vohra

During their hour long meeting, the Governor and Mr. Duggal held wide-ranging discussions on various important issues relating to the internal security management. 

Also present in the meeting were R. V. Raju, former Director General, National Investigating Agency and ex-Director General, Vigilance, J&K, and Ravi Dhingra, former Chief Secretary, Himachal Pradesh. Both of them are Members of the Task Force on Internal Security.

Meanwhile, a deputation from Vijaypur area of Samba district called on Mr Vohra, and presented to him a memorandum of their demands.

The demands presented by the 11-member deputation led by Rani Billowria, former Deputy Mayor, Jammu Municipal Corporation, included, upgradation of road from Vijaypur to Nandpur and Vijaypur to Keso Barota, augmentation of drinking water and irrigation facilities, conducting afresh survey of BPL families, opening of more ration depots and shifting of fencing from the agricultural land to the Zero Line in the area.

The Governor gave a patient hearing to the deputation.

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HC stays SAC proceedings against CM and others

The High Court today stayed the proceedings initiated by the State Accountability Commission (SAC) against Chief Minister Omar Abdullah and various boards for conferencing Ministerial status on politicians.

The SAC had last month issued notices to Chief Minister Omar Abdullah, his Advisor Mubarak Gul, Political Advisor Devinder Rana, Vice Chairmen-Mushtaq Shah, Bashir Naz, Rashpal Singh, Kuldeep Verma, Vice Chairperson Swarn Lata and Chairpersons- Shameema Firdous and Khem Lata Wakhloo; and asked them to explain under what rules ministerial status was conferred to CM's Advisors and heads of boards.

The SAC had observed that conferring Ministerial status was seen as undue favor to the politicians at the cost of the public exchequer and had taken suo moto cognizance on the issue.

Justice Mansoor Ahmad Mir of the High Court stayed the order of the Commission passed on February 17 by the SAC and also the proceedings before the Commission.

Mushtaq Bukhari, Shamima Firdous, Bashir Ahmad Naaz and Kuldip Raj had filed petitions before the High Court seeking orders to quash the proceedings before the SAC on the notices issued to them.

The Counsel for the petitioners advocate Jahangir Iqbal pleaded that the State Accountability Commission Act does not provide any powers to the Commission to take suo moto cognizance of any matter without any complaint.

Advocate Jehangir pleaded that provisions of the law suggest that there should be a complaint and complainant before the Commission so as to enable it to take cognizance under the SAC Act.

The court has observed that a complaint has been filed against Khem Lata Wakhloo only by one Wali Mohammad Mir and not against the others against whom notices have also been issued. In Wakhloo's case there is no stay as the complaint stands registered against her.

While admitting the petitions, Justice Mir issued notices to the State Government and the SAC with the direction to file their responses within four weeks.

HC stays Vigilance proceedings against SSP

High Court (HC) today directed Senior Superintendent of Police (SSP) Vigilance Organisation Jammu (VOJ) not to proceed against Sub Divisional Police Officer (SDPO) City South DySP Mohan Lal Kaith in a complaint filed by alleged land grabber Gola Shah.

Justice Hasnain Massodi of J&K High Court Jammu Wing today directed SSP Vigilance that not to proceed in the matter against DySP Mohan Lal Kaith till next date of hearing. A complaint filed by Ravinder Gupta alias Gola Shah was forward by Special Judge Anticorruption, Jammu.

Mohan Lal Kaith felt aggrieved with the order dated February 23, 2012 of Special Judge Anticorruption Jammu whereby Special Court has forwarded the complaint filed by Gola Shah against DySP to SSP VOJ for verification of allegations to the extent of agreement or attempt to pay and receive illegal gratification by the accused and further necessary action under law.

The petitioner submitted that 14 criminal cases are pending investigation against Gola Shah in Police Stations under the jurisdiction of the petitioner. The petitioner is one of the members of Special Investigation Team (SIT) constituted by the authorities to investigate the matter and that the complaint filed with Special Judge Anticorruption was intended to prevent DySP from discharging his statutory duties and influence the investigation supervised by the petitioner. The fact that the petitioner is associated with the investigation of the cases against Ravinder Gupta echoed in the order of Special Judge Anticorruption dated February 23, 2012, the petition added.

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Protests across Jammu

Mubark Mandi restoration marked by delay

Preserving the rich archaeological and cultural heritage of Dogra rulers in Jammu and Kashmir is proving to be a daunting task for the Omar Abdullah-led coalition Government.Despite submitting detailed project reports (DPR) prepared by INTACH- the leading consultants in the field of art and cultural heritage — to the Indian Government, the State Government has nothing much to boast of in its report card.

Against the projected demand of approximately Rs 300 crore required for maintenance of this heritage complex till date the Centre has released a small amount  of Rs 3 crore against a sanctioned amount of Rs 4.37 crore to carry out renovation and restoration work of High Court complex and Army headquarter building.

“State Government constituted a committee, Mubarak Mandi Heritage Society (MMHS) in 2006 with the sole objective of restoring the pristine grandeur of royal buildings but all in vain as till date nothing more has been done to save this historical complex,” says a local resident.

The 13th Finance Commission has recommended Rs 50 crore for the conservation of this important project but the State Government is yet to receive its first installment to expedite the renovation work.

“Although, the State Government was expected to get a lions’ share of Rs 25.42 crore from the Ministry of Tourism for its mega project consisting of renovation work of four heritage buildings but it is still awaiting formal sanction,” sources in MMHS added.

Sources further claimed that after constituting the heritage society, Indian National Trust for Art and Cultural Heritage (INTACH) was also appointed for preparing a vision document, and had submitted proposals to the tune of Rs 232.92 crore to renovate. Whereas after including the cost of conservation of basements and other buildings, the total cost of the project was pegged at Rs 296 crore (approximately).

The residents of the area now fear that the mighty complexes, which were the insignia of the royal memorabilia and seat of governance for the erstwhile Dogra rulers, will fade into oblivion, if corrective measures are not initiated to remove the illegally parked vehicles.

When contacted, MMHS, AK Sharma said, “After INTACH submitted its DPR, we had received a sum of Rs 3 crore for High Court complex and Army headquarters building from the Centre. The Archaeological Survey of India had carried out the renovation or restoration work but at present the conservation work in the Mubarak Mandi heritage complex is completely on hold in the absence of receipt of money.”

“Moreover, the work of wooden paneling on the roof of complex is still incomplete; this work needs special architecture and money. Till, the government sanctions enough money the work would remain stalled by ASI and result would be delaying of the entire project” he maintained.

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HC slaps 10 lakh fine each on 7 telecom companies

While dismissing the petitions filed by seven private telecommunication companies challenging imposition of entry tax by the government in Kashmir, the High Court today imposed a fine of Rs 10 lakh each on the petitioners directing them to pay the entry tax to the state government.

On December 24, last year the Court had reserved the order after hearing hectic arguments from parties for two consecutive days. Today, in his order Justice Muzaffar Hussain Attar dismissed these writ petitions, upholding the state’s plea that the equipment brought in by these companies were being used for commercial purposes and should be subjected to entry tax.

The state government had contested the petitions pleading the Entry Tax Act was a regulatory measure to prevent evasion of sales tax by unfair traders.  The state government will now realise Rs 459 crore as entry tax from these telecommunication companies for the period of last five years.

Seven companies, on which the court has imposed a fine of Rs 10 lakh each are Bharti Airtel, Idea Cellular, Reliance Communications, Tata Services, Viom Networks, Bharti Infratel and Dishnet Communication.

The fine imposed on these companies shall be spent on welfare of orphans in the state, the court directed. The telecommunication companies had filed separate writ petitions before the High Court had challenged the constitutionality of J&K Entry Tax Act on the ground that it violates Article 301 of the Constitution of India.

The telecommunication companies have already deposited Rs 100 crore with the high court as entry tax as bank guarantees which the state can now encash. The state was represented by Advocate General M I Qadri while the petitioners were represented by Zafar A Shah and D S Thakur.

Shah while arguing the matter had said that imposition of entry taxes on these companies saying it is violation of free movement trade. “It is against the constitution. The equipment being imported by these companies in the state is for creation of infrastructure and not for sale. Therefore, it gives impetus to free flow of trade and the state legislature cannot do so,” Shah had told JK News.

On the other side, the government was represented by Supreme Court lawyer M L Verma who pleaded that the government’s imposition of taxes on equipment being imported by telecommunication companies in Kashmir at Lakhanpore is to prevent tax evasion under Sales Tax Act.

Mohammad Ishaq Qadri, Advocate General had pleaded the government stand arguing that these companies were using goods imported in the state for commercial purposes and not for any personal use. “They are offering services to our people but in turn they are earning out of these services. The regulatory taxes can be imposed on these companies,” Qadri quoted advocate Verma pleading before the court.

He had also submitted before the court that in case these companies are exempted from entry taxes, the government is bound to loose hundreds of crores annually. “In year 2000, these companies had imported equipment worth around Rs 22 crores and government tax due on this equipment was round about one crore rupees. These companies owe us around 120 crores of rupees as taxes. So we will fight this case tooth and nail,” Qadri claimed.

HC stays Anganwari workers selection

 A division bench of the High Court today stayed the selection of an Anganwari worker of Manazrakh Pulwama who according to the appellants counsel had lesser merit than the Subaya Jan.According to Bashir Ahmad Bashir, senior lawyer and the counsel for Subaya Jan, CDPO Pulwama had notified the posts of Anganwari workers in Pulwma and one of the posts was meant for Manazrakh punch constituency 36.Three candidates applied for the post including Tahira Nazir, Suraya and Subaya Jan. Though Subaya had the highest merit and Suraya was next to her yet the officials for no reson selcted the lowest merit holder Tahira Nazir.Against this selection both the candidates Suraya and Subaya filed separate petitions before the High Court but during the pendency of the matter, the official respondents cancelled the selection of Tahira Nazir but mischievously instead of selecting the highest remaining merit holder Subaya Jan selected the lowest merit holder Suraya again in violation of rules.

When Subya filed petition to challenge the selection list, the official respondents file reply before the writ court saying Manazrakh has been divided into three wards hence Subaya could not be selected and writ petition was dismissed b the court.However, Subaya challenged the writ court judgment and when appeal cam eto be considered today the appellant counsel Bashir Ahmad Bashir argued that first of all any change made to the advertisement notice of any kind after its publication or after interview is not permissible under law hence the division of punch constituency of Manazrakh having been made after the advertisement notice being illegal same is not sustainable. The division bench after hearing the arguments made by Bashir, issued the notice and in the mean time directed the selection of Suraya

Lawyers suspend strike in jammu

After suspending their over three weeks long of strike, lawyers here today resumed their work following High Court order to put on hold state government's decision of transferring powers of registration of documents from judiciary to executive.

Full Bench of the State High Court comprising Justice Virender Singh, Justice JP Singh and Justice Hasnain Massodi yesterday stayed the government order of transferring powers of land registration from judiciary to revenue department, and directed the striking lawyers who were opposing the move to resume normal work.

The decision to call off the strike was taken by the Bar Association of Jammu (BAJ) in general body meeting in view of the stay given by the High Court, which also asked us to commence work, president of the association Advocate BS Salathia said.

“We have suspended the strike and resumed normal work in the courts from today. This decision was taken at general house meeting here this morning,” Salathia told reporters here while addressing a press conference this afternoon.

BAJ president further said that talks with government will take place on one side and case is now also under review of the High Court.

Earlier while addressing general house meeting BS Salathia congratulated the legal fraternity in taking lead in the protest against the transfer of registration powers. He praised the role of young lawyers who worked overnight to make sure that the public is informed of the design of the government in facilitating the regularisation of illegal encroachments by land mafia and those sitting in the power corridors.

He complimented the High Court for recognising the public interest involved in the issue and its intervention by framing Public Interest Litigation for its judicial adjudication.

Advocate Slathia also extended thanks to all the trade, transport, social and political organisations which came out in support of the protest initiated by BAJ. He further stated that the role of media has also been positive in projecting the cause taken up by BAJ in its right perspective.

Slathia appealed to Bar Associations on protest across the state to suspend the protest agitation and resume work forthwith since the issuance of SRO has been put on hold by the Special Bench of the High Court.

In the meeting vice president BAJ Advocate Usman Salaria and General Secretary Advocate Vikram Sharma also addressed the house.

lawyers strike Continued

Jammu and Kashmir government does not appear to be serious in bringing to an end the continued strike of Jammu Bar Association which has been protesting against transfer of registration work from judiciary to revenue department. The strike has been continuing for the past more than a week now with no end in sight. The issue of enhancement of quota for practicing lawyers for recruitment in judicial services has been resolved through negotiations with the bar association with the initiative from the Chief Justice of J&K high court last week. The strike has adversely affected with working in the court and litigants have to suffer for no fault of theirs. This is also leading to piling up of cases adding to higher pendency of cases in the courts. Already the work has suffered a lot due to strike and the litigants had to go back disappointed from the court and hearings and decisions of the courts in various cases have been postponed. The pendency of cases is already staggering high and the estimates of the presiding officer suggest that this can be reduced with quick adjudication of cases in the next five years or so. The government should step in and resolve the issue through negotiations so that normal working in the judiciary is restored at the earliest. This is particularly required in view of the fact that it is ultimately the common man, who is at the receiving end due to prolonged strike. The litigants have been travelling from their homes in other towns to the courts and high courts with the hope of getting justice and early disposal of their cases. Resolution of the strike is the only way to reduce pendency of cases in courts.

Court Bans pvt practice by Doctors and Govt teachers

DB bans pvt practice by docs, tuition by Govt teachers

Division Bench of J&K High Court today ordered complete ban on private practice of doctors and teachers.

In a Public Interest Litigation (PIL), Division Bench of J&K High Court Jammu Wing, comprising Chief Justice FM Ibrahim Kalifulla and Justice Virender Singh, set-aside part of the instructions contained in circular number EDU-PS-C-S-11-05 dated August 11, 2005. The circular grants general permission to the officials of the Education department and Medical department to engage themselves by way of self-employment or accepting part-time employment in private coaching centres, two hours before the opening of school and two hours after closing of the schools, as also private practice by the doctors.

The PIL filed by Vichar Kranti International and Others sought complete ban on private tutoring by the government teachers both ‘Gazetted and Non-Gazetted cadres’ and ban on private practice by government doctors including those working in the Medical Colleges. The PIL also sought quashment of Circular number EDU-PS-C-S-11-05 dated August 11, 2005.

The judgment written by Chief Justice FM Ibrahim Kalifulla for the Division Bench observed that counsel for the petitioner pointed out that under rules 10 of J&K Government employees (conduct rules) 1971, there is a general prohibition that any government employee, whether on leave or in active service, cannot undertake any trade or business or any other employment without previous sanction of the government.

Under the circular, general authorisation has been provided to encourage the officials of the Education department to grant permission to the teachers to indulge in any private tuition two hours before the opening of schools and two hours after schools get closed. The petition stated that this runs contrary to the Rule 10.

When the Division Bench examined Rule 10 of J&K Government Employees Conduct Rules 1971, it observed that the said rules specifically prohibit a government employee to undertake any employment by encouraging private tuitions. The teachers would be otherwise engaging themselves in one of the other form of self employment for earning more money. Therefore, if such a practice is allowed to continue, certainly, there would be serious deterioration in maintaining the standard of education in the government schools, the petition said.

“In other words, if a teacher is interested in private tuition for the purpose of earning more money, it is needless to state that he would only result in total disinclination to concentrate in imparting education in the regular working hours, in the schools, to the students and thereby standard of education in the schools will be seriously affected,” the petition pointed out.

It further elaborated, “the provisions contained in circular August 11, 2005 to the effect that it would be permissible for the Education department to grant permission for the teachers to accept such type of engagements in private coaching centers or start their own private tuition centers, two hours prior to the opening of the schools and two hours after closing of the schools, would be indirect conflict with the specific provisions contained in Rule 10. The Provisions contained in Rule 10, does not enable the state government to such a general instructions to the officials of the Education department for granting such permissions, which would not be in the interest of the students studying in the government schools.”

Division Bench observed that proper interpretation of Rules 10 would only be that in exceptional cases, where the government is of the view that engagement of any trade or business or undertaking of any other employment of a government servant, either on leave or in active service, would be required in the interest of public at large. Such a permission by way of previous sanction can be granted by considering such individual cases, depending upon such exigency and other relevant factors.

The court reasoned that the contention of the counsel for the PIL that grant of such general authorisation to the government officials would not be in the interest of the public at large and in particular the student community and would result in total deterioration of the standard of the education in government schools.

While holding that it is for the state government to apply Rule 10 in appropriate case depending upon the exigency of the work for granting previous sanction, the court directed a blanket ban on private practice by both doctors and teachers. Particularly in the case of teachers, the high court observed that the General Blanket Authority, which the circular dated August 11, 2005 extends to the officials of the education department cannot be sustained to that extent and so the said circular stands set-aside.

Justice Masoodi Additional Judge of HC

Chief Justice of State High Court, Justice F M Ibrahim Kalifulla today administered oath to Gh Hasnain Masoodi as Additional Judge of State High Court for further one year.

In a ceremony held at High Court Complex here, Registrar General J R Kotwal read out the warrants of elevation issued by the President of India for elevation of Gh Hasnain Masoodi and also read out the letter of Governor authorizing Chief Justice for administering the oath. Justice Masoodi has already been working as Judge of the High Court for the last two years.

Born on January 2, 1954 at Khrew in district Pulwama, Gh Hasnain Masoodi did his LLB from Kashmir University and joined the Bar and practiced as an Advocate from April 22, 1977 to April 1980.

He was appointed as Munsiff on November 10, 1982 and promoted as Sub-Judge on January 3, 1987. Mr Masoodi was promoted as District and Sessions Judge on March 5, 1998. He remained posted at different places as District and Sessions Judge besides Registrar Vigilance High Court, Principal Secretary to the Chief Justice and Registrar General High Court.

He was granted selection grade in April, 2002 and placed in super-time scale in April 2008. He was also selected for Kashmir Administrative Services in 1984 but he decided to continue as a judicial officer.

Mr Masoodi proceeded for Higher Education to the United States in 1992 and did his Master’s in Laws from Harvard University Massachusetts with constitutional, administrative, environmental and planning law as subject areas.

Promotions in High Court Staff

Registrar General of J&K High Court JR Kotwal ordered promotions in different cadres of the High Court Staff on the basis of merit-cum-seniority.

According to the order number 476, Bashir Ahmed Vaid, Kewal Krishan, Rasal Singh (RBA Category), Shanker Dass, Vinod Kumar Bali, Janam Raj, Sushil Sharma and Shabir Ahmed Baqal Section Officers Grade-I are promoted to the available posts of Assistant Registrar, Protocol Officers and Accounts Officers.

Jatinder Singh, Shashi Koul and Sudhir Singh Section Officer Grade-II are placed as Grade-I. Subash Chander (SC), Bashir Ahmed Mir, Mian Rafiq, Syed Shamim and Rashid Munim Head Assistants are promoted to the post of Section Officer-I. Tasleema Jan and Mohammad Akbar Mir and Altaf Hussain Wani Head Assistant are promoted to the post of Section Officer Grade-II. Naseema Hassan Head Assistant has been promoted to the post of Court Officer.

Sanjeev Kumar, Syed Gulzar, Anuradha Sharma, Asima Llyas Chesti, Imtiyaz Ahmed Wani, Nazir Ahmed Ganai, Altaf Hussain Khan, Nazir Hussain Mir, Masooda Jan, Baljeet Kumar (SC), Ghulam Hussain Dar, Mohammad Imtiyaz Dar, Showkat Hussain, Imtiyaz Ahmed Dar, Ghulam Qadir Rather, Bashir Ahmed Beigh and Bilal Ahmed wani senior assistants are promoted to the post of Head Assistant. Aftab Ahmed and Mohammad Shafi Ahangar (social caste) Senior Assistant are promoted as Assistant Court officer. Kulwant Singh, Ranbir Singh, Jaffer Ahmed Johd and Sohail Maqbool Junior Assistants are promoted as Senior Assistants.

In this order the services Syed Mubashir, Sunil Saproo, Farooq Ahmed Dar (RBA), Neetu Kohli and Vipin Mahajan's promotion as Senior Assistant has been regularized as Senior Assistant.