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Chief Justice Gita Mittal interact with Lawyers, Judicial Officers

 

Emphasises on use of technology for dispensing justice in prevailing crisis

JAMMU, JULY 3:  Chief Justice of Jammu and Kashmir High Court, Justice Gita Mittal today held an interaction with lawyers of Union Territories of Jammu and Kashmir & Ladakh through Virtual mode. The interaction was held in two sessions. During first session, Chief Justice interacted with lawyers having standing at Bar upto 15 years and in second session, interaction was held with lawyers having standing at Bar for more than 15 years.

A separate interaction was also held with Judicial Officers of all the 22 Districts of UTs of Jammu and Kashmir and Ladakh through Video Conference.

Besides, the Chief Justice Gita Mittal, Justice Sanjeev Kumar also interacted with the Judicial Officers. Judicial officers were advised to use various Information technology tools like Speech to text Software in dictating orders, reading of online journals, hearing of cases of emergent nature through video conferencing facility etc. to overcome the impediments which come in way of expeditious disposal of cases caused due to spread of Corona virus pandemic. Officers were advised to remain updated on legal issues by reading online law journals and to devote their time in studying laws, statutes and latest judgments of superior courts. Chief Justice advised the Judicial officers to take full advantage of webinars being organized by the High Court in coordination with J&K Judicial Academy on different topics on daily basis.

During the interaction, Justice Sanjeev Kumar advised the Judicial officers to evolve mechanism for expeditious disposal of cases especially cases which are very old. Justice Sanjeev Kumar laid emphasis on the concept of Court Management for reducing the mounting arrears of cases.

Later, while interacting with lawyers, Chief Justice enquired about their well being and at the same time advised them to follow all the necessary directions, instruction and precautions relating to protection against corona-virus pandemic.

The Chief Justice exhorted upon lawyers to keep ascertaining about the well being of their colleagues and to look into their collective needs as well as to discuss way forward during and after the COVID crises.

The Chief Justice informed the lawyers that after sanctioning financial assistance in favour of lawyers practicing in UT of Jammu and Kashmir, the process of providing financial assistance to advocates practicing in UT of Ladakh as well as to Munshis working with advocates who are in dire need of assistance because of grave financial hardship on account of lockdown due to the COVID-19 pandemic, has also been set in motion.

The Chief Justice further informed the lawyers that very recently sanction has been accorded for providing second installment of Rs. 2500/- each, as financial assistance, to the advocates of the Union Territory of J&K who have been given first installment of Rs, 3,000/- by directly transferring the amount in their account numbers.

Expressing concern over the lack of basic infrastructure in High Court, Chief Justice informed the participating lawyers that High Court was constructed to accommodate seven Judges only, but at present, with a total working strength of 13 Judges, it is facing acute shortage of space. Due to poor infrastructure and acute shortage of space, High court is not able to start efiling and other IT related activities. Chief Justice added that High Court needs auditorium, crèches, child care rooms, witness assistance rooms, more parking space and other facilities which are not possible in the present building owing to its old design and inability to support further expansion. Terming Bar and Bench as two faces of the same coin, Chief Justice emphasized that Bar and Bench have to work in close coordination for creating adequate infrastructure for the High Court as well as for the District and subordinate Courts of UTs of Jammu and Kashmir & Ladakh.

The Chief Justice emphasized the  use of technology in the present crisis and how it can help judiciary in dispensation of Justice. The lawyers were advised to embrace the technology and to further hone their technical skills so as to effectively assist the Courts in hearing of cases of emergent nature through use of Video Conferencing. Chief Justice lauded the role of Judges, lawyers and the staff in ensuring Justice to litigants even during the present time of crises triggered by COVID-19.

Suggestions and requests regarding construction of more Lawyers’ Chambers, speedy acquisition of land for construction of District Court complexes, upgradation of IT infrastructure at High Court, appointment of Judicial Officers at places where posts are lying vacant, introduction of concept of rain water harvesting in Court Complexes, opening of more physical access to Courts and Lawyers’ Chambers, were put forth by lawyers during the interactive sessions. Chief Justice gave a patient hearing to the lawyers and gave assurance to the lawyers that their suggestions and requests shall be considered on priority basis.

Ladakh based lawyers suggested that more robust facility for providing e-Connectivity between Courts located in Ladakh region with Srinagar Wing of the High Court be put in place. Few of the lawyers requested the Chief Justice to organize virtual interactions on regular basis in future also. Chief Justice assured that online interactions shall now be a regular feature and next virtual interaction shall be held very soon.

 

Div Com inspects proposed parking sites in Srinagar

SRINAGAR, JULY 03:  In continuation to its efforts to address to the parking issues and de-congest Srinagar streets, the Divisional Commissioner Kashmir, Pandurang K Pole today visited city parts on second consecutive day to inspect proposed parking sites in summer capital.

The Div Com visited M A Road, TRC, Polo View, Regal Chowk, Lambert Lane, Old Court Complex, Jehangir Chowk, Batmaloo, Barzulla, Rawalpora, Hyderpora, Bemina Shalteng, Qamarwari and other areas to inspect the proposed sites for car parking.

During his visit, the Divisional Commissioner asked the authorities to speed up the pace of all works being carried out for road widening to improve the traffic flow and to ensure sustainable decongestion in the city. At Residency road near SBI parking, the Div Com was appraised by Deputy Commissioner Srinagar, Dr Shahid Iqbal Chowdhury, that work on enhancement of parking space is near to completion to accommodate  large number of vehicles in it.

While inspecting proposed car parking site at Lambert lane, the Div Com directed for connecting SBI parking slot with Lambert lane parking site to create big parking chunk for the convenience of commuters as well as for better traffic regulation in the area

At old court complex Amira Kadal, the Div Com exhorted upon the concerned to ensure preservation of heritage and historical buildings while unused premises may be demolished to create parking space.

While inspecting other sites, the Div Com directed the concerned officers to undertake a special drive so that maximum parking facility is made available to the people.

He also directed for removal of encroachments along roadsides across the city besides adopting efficient and effective mechanism for better traffic regulation and adequate parking facilities.

Deputy Commissioner Srinagar, VC SDA, Chief Engineer R&B, Commissioner Srinagar Municipal Corporation, SSP Traffic, SSP Srinagar, Additional Deputy Commissioner Srinagar, officers of Irrigation and Flood Control, RTO, Beacon Kashmir, Ramkay besides officers from other concerned departments accompanied the Div Com during the visit.

Plastic Waste Keeps Growing

Plastic is everywhere. Perhaps the problems brought by it keeping on growing. In the absence of alternatives, more and better plastic recycling remains the answer. However, as all analysts agree, the plastic bags of less than 50 micron in thickness are rampantly used and they are the ones that are not recycled. The failure of any regulatory action encourages violators. There is already legislation that provides for fining users of banned plastic carrier bags as well as vendors dealing in them. While the onus was on the civic bodies to enforce the legislation, they have turned a blind eye. The consequences of the lackadaisical approach by the authorities have meant that there is continuous, rather extensive use of the polythene and subsequent dumping of it in lanes, drains, roads, fields and water bodies. The waste is generated in tonnes every day and continues to cause a serious threat to the environment. The huge quantum of plastic waste remains unattended despite various directives and guidelines issued by the Government from time to time.
Abandoned to nature, the plastic lasts for centuries, breaking apart into ever smaller pieces but never assimilating into earth or water. The first challenge is to stop any more of this plastic from reaching the water bodies. Bigger landfills aren’t a lasting solution. They can contaminate surrounding water and soils.
It is undeniable that the plastic waste issue remains one of the pressing problems globally. But what is undeniable also is the fact that genuine efforts have been made by many states in India as well as countries globally to deal with the problem. However, in Jammu and Kashmir context, the municipalities, both Srinagar and Jammu, have not adopted even the segregation of bio-degradable, recyclable and domestic hazardous wastes. A process of its implementation was to be completed by December 2019 and despite strict orders by National Green Tribunal, hardly anything changed on the ground. There is still no system of surprise checking of littering, open burning of plastic and other acts which cause public discomfiture.
Immediately, the administration can limit the production of polythene to a possible minimum and restrict its transportation into the J&K. Also, it is necessary for the administration to manage the problem scientifically. The government should have to keep an eye on the best global practices in the management of plastic waste and adopt it accordingly. The government must comprehend the gravity and take such steps that are required to prevent a disastrous situation.

Long break of Kashmiri politicians continues, remain silent, inactive  

Afaq Bhat
Srinagar, July 3: In absence of any political activity in Kashmir, leaders of mainstream political parties seem to have gone for a long break as they have been left with nothing to do.
A political analyst while talking to Precious Kashmir said, “The leaders who were released after  serving detention have turned silent. They have nothing much to say as things are beyond their control. The political landscape of J&K has changed and New Delhi is managing the affairs of Union Territory directly. In fact, Kashmiri politicians have been left with no role at all.”
He said, “The people who ruled J&K for so long stand at cross roads today. They have no idea about what future holds for them as their political careers seem to have ended.”
An observer said, “After losing everything mainstream politicians are feeling the pinch. They have started realizing that when they were in power, they could have done a lot for the people. During their tenures they just kept people busy by raising slogans and ignored the development part. Had they focused on uplifting the standards of living and development today common people would have stood behind them.”
He said, “When mainstream leaders were arrested post August 5, 2019, people in Kashmir didn’t react. Neither they made any attempt to seek their release. The mainstream politicians in Kashmir should sit back and introspect that why were they dumped by the people?”
“National Conference and Peoples Democratic Party seem to be in complete disarray. Both these parties seem to have lost the plot and have no idea about how to move ahead. The NC leaders since their release from detention have maintained silence over the political issues and it appears that they are in no mood to talk. Recently NC President Dr Farooq Abdullah had told reporters that his party is not responsible for everything that is happening in Kashmir,” the observer added.
It’s in place to mention here that more than 40 political leaders, who were placed under detention after J&K’s special status was revoked on August 5, 2019, have been released. The only politician serving detention under Public Safety Act is the PDP chief Mehbooba Mufti, who after being shifted to her Gupkar residence in Srinagar had said that once she is released, she would approach other political leaders and frame a joint strategy to counter Centre’s move. “Other PDP leaders who have been released have gone into isolation and it appears that they have nothing to say,” the observer added.
Recently Estates Department served a notice to the politicians to vacate the government accommodations occupied by them. “The government also has tightened its noose around the political leaders. This indicates that they been left with nothing much to do and their roles are being curtailed,” the observer said.

PM Modi pays surprise visit to Leh; says bravery pre-requisite for peace

 

Warns against ‘expansionism’

Leh, July 3: Asserting that the bravery shown by the Indian troops in Ladakh has sent a message to the world about India’s strength, Prime Minister Narendra Modi on Friday said ‘enemies of Bharat Mata have seen the fire and fury of our soldiers’.
PM Modi, who on Friday reached here on a surprise visit to review the ground security situation amid the standoff with China at Line of Actual Control (LAC) and said those who are weak can never initiate peace as bravery is a pre-requisite for peace.
The Prime Minister said this while addressing soldiers at one of the forward locations in Nimu, which is located at 11,000 feet above sea level. “Your courage is higher than the heights where you are posted today. Today as I’m among you I can feel the courage and valour in all of you. When the safety of the country is in your hands, then there is a belief. Not only me, but the entire nation believes in you and is not worried. As you protect our borders, it inspires every citizen to work day and night. Our resolve for self-reliant India has become stronger because of you and your strong resolve,” Modi said.
Those who laid down their lives for the country belonged to all parts of India and epitomised its ethos of bravery, he said, rallying the troops.
“The valour shown by you recently has shown India’s strength on the global front. Leh, Ladakh to Siachen and Kargil and Galwan’s icy waters, every mountain, every peak is witness to the valour of Indian soldiers,” he said.
Lauding the soldiers, he said, “Bharat Mata’s enemies have seen your fire and fury. Those who are weak can never initiate peace as bravery is a pre-requisite for peace. Your willpower is as strong and firm as Himalayas; the whole country is proud of you.”
Without naming China, the Prime Minister said: “The age of expansionism is over, this is the age of development. History is witness that expansionist forces have either lost or were forced to turn back.”
PM Modi also paid tributes to the soldiers who were killed in the Galwan Valley face-off with the Chinese troops. “I once again pay my tributes to the brave soldiers martyred in Galwan clash. These soldiers were from different parts of the country,” he said.
In an attempt to boost the morale of the Indian soldiers post stand-off which China that left 20 Indian soldiers dead, PM Modi said, “Tales of your bravery and valour are echoing in every house in the country.”
Praising the women soldiers, who were present during the address, the Prime Minister said, “I am looking at women soldiers in front of me. In the battlefield at the border, this view is inspiring…Today I speak of your glory.”
He said the world has seen the Indian soldiers’ efforts to maintain peace and how they worked for the betterment of humanity. “Whether World Wars or peace, whenever the need arises, the world has seen the victory of our braves and their efforts towards peace. We have worked for the betterment of humanity,” he said.
The PM also announced that the Indian government has increased the expenditure on the development of infrastructure in the border areas by three times.

‘Artificial blocks’ to bilateral cooperation will harm India: China

 

New Delhi, July 3: China said today that “artificial blocks” to bilateral cooperation would harm India’s interests and that the two countries should work together to uphold peace in their border region. Beijing will take necessary measures to uphold the rights of Chinese businesses in India, a spokesman for the Foreign Ministry in Beijing told a news briefing.

His comments came after India banned 59 apps including TikTok citing a threat a national security and as Prime Minister Narendra Modi made a surprise visit to Ladkah where, last month, 20 Indian soldiers died in a face off with China. Beijing has not confirmed its number of casualties in the clash, which marked the first time in 45 years that soldiers had died in combat on the border.

PM Modi, who said in his monthly radio address Mann ki Baat that, “those who eyed Indian territory in Ladakh have received a befitting response”, toured a military base at Nimoo in Ladakh, about 100 kilometres (60 miles) from the site of the June 15 battle.

He will also military hospital in nearby Leh to meet soldiers injured in the hand-to-hand skirmish.

Army Chief MM Naravane and Chief of Defence Staff General Bipin Rawat, accompanied the PM to the sensitive area, which has been used as a staging post to build up troop numbers in the region.

Despite several rounds of military talks and an agreement to disengage along the simmering border in Lakadh in the Western Himalayas, little progress has been made in pulling back troops.

China has warned that India’s ban on China-linked apps amounts to a violation of WTO rules.

 

PM visits injured soldiers at Leh hospital

 

Leh, July 3: Twenty Indian soldiers who lost their lives in a violent face-off with the Chinese in Ladakh last month did not die in vain, Prime Minister Narendra Modi told injured troops at the army hospital in Leh on Friday, as he visited the Himalayan region to deliver a message to China.

“The bravehearts who left us, have not left us without a reason. Together, you all gave a fitting reply (karara jawab bhi diya hai),” he told the injured soldiers, adding their bravery will be a source of inspiration for times to come and 130 crore Indians are proud of them.

“Our country has never bowed down and will never bow down to any world power, and I am able to say this because of braves like you,” he added.

 

JK Bank reports ‘colossal’ net loss of ₹1139 cr


CSR, other initiatives likely to be hit

Malik Sameed

Srinagar, July 3: Jammu and Kashmir Bank has reported net loss of ₹1139.41 Crore for the year ended March 2020 as compared to net profit of ₹464.88 Crore during the previous financial year, a local news agency KNB reported on Friday.

The Bank announced its annual results for the financial year ended March 31, 2020 after the Board of Directors adopted the audited numbers of the bank in their meeting held on June 29, 2020.

According to insiders the huge loss reported has eroded the net worth of the bank from ₹6626 Crore as on March 31, 2019 to ₹6393 Crore as on March 31, 2020 and wiped out the capital  of ₹500 Crore recently infused by the government of UT in the bank besides adversely impacting the following key ratios.

In the end year march 2019, the return on assets was 0.49 percent while in march 2020 the percentage dropped to -1.10.  Same as return on Average Net Worth in 2019 was 8.04 and in 2020 it dropped to -19.96.

Net profit per employee(in Rs Lakh) was 3.69 in year 2019 and has dropped to -9.03 in 2020 financial year. Net Profit per Branch (in Rs. Crore) was 0.49 and which is now -1.19, similarly Capital Adequacy Ratio(%) was 12.46 and now 11.40.

Earnings per share(in Rupees) dropped from 8.35 to -15.97 and net Asset Value (in Rupees) also dropped from 108.11 to 76.65.

With such a huge loss CSR activities of the bank which has a co-relationship with the Net profit is likely to have a spending freeze for CSR Programmes revolving around health, education, ecology and community welfare at large in the UT’s of J&K and Ladakh.

Operating profit of the bank before provisions and contingencies was down by 10 percent at ₹1525 Crore as compared to ₹1717 Crore for the full year and down by 36 percent at ₹382 Crore (₹601 Crore) on QoQ basis. Other income of the bank was sharply down 70 percent in Q4 at ₹121 Crore (₹404 Crore) and down by 33 percent at ₹546 Crore against ₹812 Crore on YoY basis. Gross non-performing assets (GNPA’s) ratio increased sharply from 8.97 percent to 10.97 percent (₹6211 Crore vs ₹7671 Crore) on YoY basis on account of fresh slippages to the tune of around ₹1100 Crore. Credit Cost has gone up at 3.81 percent vis a vis 1.53 percent a year ago.

Despite the guidance given by the management to the market that the emphasis during the year will be on rationalisation of costs/expenditure yet the operating expenses have gone up by 10 percent on YoY basis and cost income ratio has risen sharply at 64.14 percent for the financial year ended March 2020 as compared to 59.06 percent for the financial year ended March 2019.

As on March-2020 advances declined 3 percent YoY to ₹64399 Crore but surprisingly income on loans and advances has shown a 11 percent increase on YoY.

On the positive note the deposits have shown a growth of 9 percent YoY at ₹9778 Crore compared to ₹89638 Crore. CASA ratio stood at 53.6 percent vis a vis 50.70 percent a year ago, however term deposits have shown a marginal increase of only 3 percent on YoY basis. NIM’s for the financial year ended March 2020 up at 3.92 percent vis a vis 3.84 percent for the financial year. Also net interest income has increased 10 percent on YoY. Further net NPA Ratio has come down from 4.89 percent to 3.48 percent on YoY basis and NPA Coverage Ratio has increased to 78.59 percent vis a vis 64.30 percent a year ago on account of the provisioning prescribed by the Regulator.

Share price of the bank has shown constant decline during the past one year and has fallen from 52 weeks high of ₹63 to 52 weeks low of ₹11. Management of the bank needs serious introspection to see that despite the bank having a Net Asset Value of ₹75 per share why the share is grossly undervalued and trading at a huge discount vis a vis its peers. Despite the media reports that investors show renewed interest in J&K bank stock on the back of new Management structure the share price of the bank post declaration of annual results slumps to 17.25 INR.

Due to the inadequate capital for Regulatory compliance/maintaining growth momentum, the bank will have serious challenges on capital front for the current fiscal as raising the capital from the market on the basis of the current performance will be difficult and only recourse left for the bank is to approach to the Government of UT for infusion of further capital. Also with the erosion in the Net worth the capacity to lend has decreased as per the prudential norms of RBI. Going forward it will be interesting to watch the performance of the bank amidst the tough times and how effectively the present management of the bank will leverage the support being extended both by the Government of UT of J&K and Central Government to their advantage. (KNB)

 

CAT has no jurisdiction over J&K Bank recruitments: HC  

 

Srinagar, July 3: Central Administrative Act (CAT) does not have the jurisdiction over selection process by J&K Bank regarding 1850 posts of Probationary Officers and Banking Associates, Jammu and Kashmir High Court ruled on Friday.

“It cannot be said that sub-section (3) of Section 14 of the CAT Act applies to the Bank or the instant recruitment process of the Bank,” a bench of Justice Ali Mohammad Magrey said, according to GNS, adding, “Resultantly, it is held that the CAT does not have the jurisdiction under Section 14 in relation to the subject matter of controversy in the instant case; and, further, that this Court continues to have the jurisdiction in relation thereto to entertain this petition.”

Last week, the court had reserved its decision on the plea whether it or CAT has the jurisdiction over the matter.

J&K government through its Advocate General D C Raina had told the court that the CAT not the high court had jurisdiction over the matter.

The Advocate General had submitted that after the establishment of the CAT for the Jammu and Kashmir, and Ladakh, all the jurisdiction, powers and authority which were exercisable by High Court immediately before establishment of the CAT in relation to the matters enumerated thereunder, in terms of Sub-Section (1) of Section 14 of the CAT Act are exercisable by the CAT as the court of first instance. He had made specific reference to the words ‘recruitment, and matters concerning recruitment’ occurring in Clause (a) of Sub-section (1) of Section 14 and submitted that since the instant matter relates to recruitment in the Bank, declared as a public authority, all jurisdiction and powers and authority in relation thereto lies with the CAT.

Advocate Jehangir Iqbal Ganai, senior counsel, for the petitioners had submitted that the instant matter does not fall within the purview of sub-section (1) of Section 14, but is covered by sub-section (3) thereof, which exclusively refers to ‘any local or other authority or corporation or society’. However, he had submitted that the provision of sub-section (3) does not have an automatic application to local or other authorities or corporations or societies, but this provision is to be applied by the Central Government by notification.

“It is not that the Central Government has not issued any notification in exercise of the powers under sub-section 2 of Section 14 of the Act applying the provision of sub-section (3), “ the court observed, “adding, “ Certain documents / notifications issued by the Central Government, from time to time, in exercise of such power under sub-section (2) of Section 14 have been placed before the Court which depict that so far nearly 214 organizations, by their name, have been brought under the purview of sub-section (3) of Section 14 of the CAT Act; the J&K Bank, in any case, is not one amongst them.” (GNS)

Kashmir records 4 more COVID-19 deaths, J&K toll 121

 

Jahangeer Ganaie

Srinagar, July 3: Kashmir on Friday recorded four more COVID-19 deaths, taking the number of people who have died due to the deadly virus in J&K to 121.

The four persons who died today include 80-year-old from Chattabal, 70-year-old from Sopore, a 70-year-old man from North Kashmir’s Baramulla district and an 80-year-old man from Rajbagh, Srinagar. Since Wednesday, Covid has claimed 13 lives in J&K that include one from Jammu and 12 from Kashmir. All the deceased were in the age group of 60 to 80.

About the Chattabal Covid-19 victim, Dr Saleem Tak, Medical Superintendent Chest Diseases hospital told KNO that 80-year-old male from Chattabal who was referred to CD hospital from SMHS on June 29, breathed his last this evening.

“He was Covid positive and had underlying medical conditions that include hypertension, bilateral pneumonia and chronic obstructive pulmonary disease,” Dr Saleem said. Chattabal man became the fourth Covid causality in a day.

Dr Saleem said that a 70-year-old man from Sopore area of Baramulla district, who was admitted on June 29 died this evening. “He had tested positive for the Covid-19. He was suffering from bilateral pneumonia and other ailments,” the MS CD hospital said.

As for the fourth death, Dr Saleem  said that a 70-year-old man from Baramulla, who had tested positive for COVID-19 and was referred from SMHS on Thursday, died at CD hospital this afternoon.

The patient was very critical and was on ventilator, he said, adding that the patient was suffering from Hypertension, Diabetes, Chronic Obstructive Pulmonary Disease (COPD) and other ailments.

Earlier, a patient from Rajbagh, Srinagar, Dr Nazir Choudhary, Medical Superintendent at SMHS told KNO that an 80-year-old man from Rajbagh, Srinagar who was admitted on July 2 died on Friday afternoon. He said that patient was suffering from pneumonia and heart ailments. With four fresh deaths in J&K today, the total number of lives claimed by Covid in UT have reached to 121 of which 14 are from Jammu region and 107 are from Kashmir.