The Bold Voice of J&K

Govt terminates AAG for lackadaisical approach towards sensitive cases

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JAMMU: Taking cognisance of the strictures passed against the State Government by a Court for failing to file the objections despite repeated opportunities granted to the bail application of accused of alleged kidnapping and raping of a nine year old girl, Law Minister, Syed Basharat Ahmad Bukhari has accorded sanction to termination of services of Advocate M.A Beigh as Additional Advocate General (AAG).
The Court has given a number of opportunities to the AAG to file objections to the bail application filed by the accused in a case titled Mohammad Shafi Sheikh Vs State of JK through SHO, P/S Budgam for offenses under section 376, 363 RPC bearing FIR No. 166/2017.
On state failing to file the objections to the bail application, Justice M.K Hanjura in his judgment issued on 24th of April, 2018 with the remarks of lackadaisical, inattentive, incurious and indolent attitude of the state. He said that a battery of lawyers has been engaged by the state to conduct and handle the matters in which the state is a party but one gets dismayed to see that even in cases involving horrifying and serious crimes the approach of the state is abject, dismal and desolate.
The Minister has issued strict instructions to the law officers to ensure that no case against the state government goes uncontested. He also enjoined upon them to process the serious and sensitive cases in a total responsible and speedy manner so that justice is ensured to everyone.
“The case being very sensitive and the offenses having been committed against the minor girl child cannot be ignored, asserted the Minister saying that keeping in view of the totality of circumstances, the services of M.A Beigh as Additional Advocate General have been terminated with immediate effect”.
Meanwhile, Syed Basharat Bukhari has sought performance report of the all the Law Officers representing the State Government departments in the Jammu and Srinagar wings of the High Court.
“I am directed to request you to furnish to the Secretary to the Government, Law, Justice and Parliamentary Affairs before 15 May 2018, the performance report of Law Officers of Jammu/Srinagar wing of the High Court with respect to the conduct of the Court enabling the Minister for Law, Justice and Parliamentary Affairs to review the functioning of the Law officers of both the wings of the High Court,” said a communication issued by the Law Department to the Financial Commissioners/ Principal Secretaries/ Commissioner Secretaries/Secretaries to the Government and Heads of Departments.
Pertinently, the Law Department had in February this year issued a stern warning to government counsels against playing truant with their professional responsibilities.
“High Court of Jammu and Kashmir vide order dated 27/12/2017 and 28.12.2017 passed in SWP No. 1959/2015 has observed that Sr.AAGs/AAGs/Dy.AGs/ Government Advocates are not filling the ‘Memo of Appearance’ and are seeking unnecessary adjournment in the matters,” the Law Department had said in an order.
“In order to overcome this practice of non appearance and seeking of unnecessary adjournments all that Sr.AAGs/AAGs/Dy.AGs/ Government advocates are impressed upon to ensure their appearance in the cases that are assigned to them, falling which the matter will be seriously viewed by the Law Department including forfeiting/ cancellation of their appointments” it said.

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