Background
In 2019, the Law, Parliamentary, and Justice Affairs of Jammu and Kashmir (J & K) proposed relocating the J & K High Court , Jammu bench, from its existing complex in Janipur to Raika. The order was further forwarded to the Forest Department and the whole case was ruled under the provisions of the now-repealed J&K Forest Conservation Act.
Raika Forest is located inside the Bahu Conservation Reserve on the outskirts of Jammu City, alongside the River Tawi. It is less than four kilometres away from the reserve is the Ramnagar Wildlife Sanctuary. Bahu Conservation Reserve was established in 1981 and covers an area of 19 square km.
Several activists had put forth their concerns regarding the shift of HC to a designated forest area, indicating that such a shift would heavily impact the lungs of Jammu and cause irreparable damage to Jammu’s ecosystem.
Activists argued that felling down 38,000 trees in Raika Forest would ultimately lead to environmental destruction in the region and labelled this as an unfair decision.
Recent Development
As a result of public outrage, the implementation of the proposed shift was initially delayed. However, the recent turn of events suggested that the High Court Bench of the High Court of Jammu & Kashmir would be shifted from Janipur to Raika( a forest area ), while the other district or subordinate courts would remain at the same location.Â
Issues with the proposed shift
Lawyers in Jammu have raised concerns over the shifting of the High Court alone, citing that it would negatively affect thousands of lawyers practising in the said courts.
In furtherance, the lawyers have also threatened to hold protests at Jantar Mantar, Delhi over the proposed change. Accordingly, a press note was issued by the Young Lawyers Association (YLA) Jammu on Monday condemning the proposed shift as a gross misuse of government resources.
The press release highlighted the hardships that would be faced not only by the advocates but also by the litigants and the general public, especially the elderly and female litigants.
Lawyers stated that the majority of the members of the Jammu and Kashmir High Court Bar Association, Jammu, practise in the High Court, which is situated in Janipur, as well as the district or subordinate courts situated nearby.
They further pointed out that the current High Court had ample space for the extension of Court premises to accommodate institutions and tribunals, including the Special Tribunal, Armed Forces Tribunal, Consumer Commission, etc.
The lawyer members of the Young Lawyers Association further recounted that the Jammu and Kashmir Lieutenant Governor, Manoj Sinha, had earlier assured that the said premises of the High Court would not be shifted.Â
Lawyers further stated that the lawyer’s fraternity practising at the J&K HC has unanimously decided to hold protests at Jantar Mantar, Delhi if their just and genuine demands were not addressed and acted upon, while Advocate HC Jalmaria had conveyed that a formal request had been sent to the Hon’ble Chief Justice of India seeking his intervention in the said matter and further cancelling the proposal.Â
Conclusion
The proposed relocation of the High Court has far-reaching consequences, including environmental and social instability, resulting in widespread inconvenience to advocates, litigants, and the public at large.
Moreover, the proposed site of the High Court is a designated forest area, which would result in the felling of over 38 thousand trees, disrupting the green cover of Jammu and the environmental equilibrium of the place.
Thus, a decision should be made by considering the hardships faced by the public and the environmental impact.
