We have received an invitation from Principal District Judge, Srinagar at about 1:40 p.m on 28 th of February 2006, through Special Mobile Magistrate, Srinagar, for participating in the inauguration of make shift Courts in the Sadder Court Complex, Srinagar , on Wednesday Ist of March, 2006 at 10:30 a.m.

We have however decided not to participate in the function for the following reasons:

1. In November 2005, there was clash between Lawyers and clerical staff. It was the moral obligation on Hon'ble Chief Justice being head of the institution to intervene and settle the matter amicably, he was available in the Srinagar but he preferred to remain silent. He did not even ask the District Judge to settle the matter between the Lawyers and clerks. The Lawyers went on strike, but that also did not move the Hon'ble Chief Justice. The Lawyers thereafter called of the strike in the best interests of the institution. Instead of the appreciating the role of the members of the Bar, the Judges and the clerks have started victimizing the members of the Bar and perhaps under instructions.

2. When we last met the Hon'ble Chief Justice, we had asked for the construction of a glass room for lawyers in front of CJM's/ Judge Small Cause's courts and to convert the record room into three court rooms. We have however been over ruled and instead of constructing the glass room for lawyers two buildings in front of these courts have been constructed.

3. There was a counter in the District Court complex where Rs.20/- used to be deposited by the Lawyers on every petition to be presented before the District Judge and Rs.50/- used to be also collected on a sale deed presented before the Sub-Registrar. The amount used to be received by a clerk against proper receipt which was later deposited in Bar Welfare fund. The District Judge has however closed that counter and despite our best persuasions for re-opening of the counter, but nothing positive has been done by the High Court so far.

4. When we last met Hon'ble Chief Justice, he promised us, that before going to Jammu he will lay foundation stone of the Lawyers' chambers in the High Court. He has however not kept the promise. On the other hand laid the foundation stone for Lawyers' chambers in Jammu on 01- 01-2006 and the work has also perhaps started over there.

5. It was Hon'ble Justice V. K. Janji and after him Hon'ble Justice Jah, who had instructed the Public Works Department to extend the Mosque and also construct lavatory block and woju khanna besides footpath, drain and there has been some more progress on the construction of these works, however as the bigger issues of construction of Lawyers' chambers in High Court as well as in Sadder court has remained un-fulfilled. Therefore it can not be said that the demands of the Lawyers have in any manner met by present Hon'ble Chief Justice.

6. It had also been agreed that the land behind CJM's/Judge Small Causes Courts will be handed over to the Bar after raising the wall, for construction of the Lawyers' Chambers. The wall has however been constructed now, as a result of which the Bar has not been in a position to construct the Lawyers' Chambers in Sadder Court complex Srinagar, for the last three months which has caused tremendous inconvenience to Lawyers.

THEREFORE WE ARE COMMUNICATING OUR DECISION TO ALL MEMBERS OF BAR AND WE HOPE THAT THEY WILL RESPECT THE DECISION.

Spokesman

J&K High Court Bar Association