Newsletter 2018.Pub

SJA eNEWSLETTER Official Newsletter of Jammu & Kashmir State Judicial Academy Volume I Monthly 2018 Chief Patron MESSAGE Hon’ble Ms. Justice Gita Mittal Chief Justice Governing Committee Hon’ble Shri Justice Rajesh Bindal Chairman Hon’ble Shri Justice I am happy to note that the J&K Judicial Academy is bringing out Dhiraj Singh Thakur the first issue of E-News Letter with the idea of supplementing the training being imparted to the Judicial Officers in the Academy. It surely is a pace and with the current times when we are moving from e-courts towards paperless courts. Hon’ble Shri Justice The E-News Letter which contains important judgments of the Supreme Court and the Jammu and Kashmir High Court and lists the latest Rashid Ali Dar developments of law and legislation is set to be an effective means not only for the young entrants in the Academy but will be extremely useful even for those already serving the judiciary to help them keep abreast with the latest Editor in law. Rajeev Gupta To my mind, the most effective training is that which involves active Director participation of the trainees. The E-News Letter can serve as a forum where the trainee officers can share ideas and suggestions which can prove very fruitful with the right kind of guidance. It would also serve as an update on the activities at Jammu and Kashmir State Judicial Academy – those undertaken and those planned in CONTENTS the coming months. I am sure the Judicial Officers would benefit immensely from the Message of Hon’ble Chief Justice…….1 monthly issue of the E-News Letter, I congratulate the Chairman and Members of the Governing Committee of the State Judicial Academy for Message of Hon’ble Chairman ……….2 taking this laudable initiative. Governing Body………………………3 I also appreciate the entire administrative and academic faculty of J&K State Judicial Academy for their efforts in bringing out this News Let- From Editor’s Desk..………………….4 ter. I extend my best wishes for the success of the E-News Letter. Write Ups…………………………..5-6 Activities of Academy…………….7-18 ( Gita Mittal ) Legal Jottings……………..……. 18-20 Chief Justice Coming Events…………………….. 20 MESSAGE In its continuous endeavour to apprise and keep the judicial fraternity updated with latest developments and activities in the Justice Delivery System, the J&K State Judicial Academy is starting monthly e-news letter which will be e-mailed to all the Judicial Officers. The object is to give gist of important judgements of Hon’ble the Supreme Court and this court and any amendments or notifications issued, which have relevance with the issues considered by the officers. Brief note about the activities undertaken by the Academy during the last month and proposed to be taken in the coming month shall also be provided. Articles from various Judicial Officers are also being invited and will be published in the newsletter. I hope that the contents of the newsletter will keep the officers updated in law which will help them in discharge of their judicial functions. ( Rajesh Bindal ) Judge (Chairman, SJA) 2 GOVERNING BODY JAMMU & KASHMIR STATE JUDICIAL ACADEMY Hon’ble Ms. Justice Gita Mittal Chief Justice, High Court of Jammu & Kashmir (Chief Patron, State Judicial Academy) Hon’ble Mr. Justice Hon’ble Mr. Justice Hon’ble Mr. Justice Dhiraj Singh Thakur Rajesh Bindal Rashid Ali Dar Member Chairman Member State Judicial Academy State Judicial Academy State Judicial Academy Rajeev Gupta District & Sessions Judge (Director, State Judicial Academy) 3 From Editor’s Desk Constitution of Jammu and Kashmir fortunately contains profound statement on standards of Judicial Dispensation. It would be profitable to quote the provision concerned. “18. Separation of judiciary from executive:-The state shall take steps to separate the judiciary from the executive in the public services and shall seek to secure a judicial system which is humane, cheap, certain, objective and impartial whereby justice shall be done and shall be seen to be done and shall further strive to ensure efficiency, impartiality and incor- ruptibility of its various organs of justice, administration and public utility.” Constitution strives to make endeavour for Humane, Cheap, Certain, Objective and Impar- tial Judicial System. These words of immense significance encompass in themselves every aspect of judicial dispensation, which signify the expectations of the people outside the judicial system. Efforts have always been made to attain the optimum level of judicial dispensation but still much more needs to be done. There has been much work done by the Law Commission of India to give a positive direction and impetus to the efforts to achieve the above stated goals, which though not contained specifically in any other document of law, except as above, have been the benchmark. Reports after reports indicate the areas to focus. All the organs of the State have been making constant efforts to work on the areas indicated but still the judicial system is striving hard to live upto the expectations of common people. It is not that expectations are unimaginable but the judicial system is under tremendous stress. Delay in dispensation of justice delivery seems to be overshadowing the amount of work of unimaginable proportions being done by the Indian Judicial System. Modernisation of judicial system is catching up fast to improve the output of judicial processes. E - Courts project has given fruitful results. Much has been done, and much is being done. It is expected that in near future litigants and all the stakeholders in the judicial system shall take pleasure in seamless and paperless court processes. Judicial Academies under the steward leadership of National Judicial Academy are also making constant efforts to infuse pace in updation of knowledge and management skills. Court and Docket Management are now not the unknown words to the judges serving the judicial system. New areas are being constantly worked to achieve the objectives set out in above statement. J&K State Judicial Academy being one of the earliest set up Academies, is also making efforts to achieve the optimum results in potential realization of the stakeholders in the judicial system, especially of the judicial officers, in the State. Also, the collaborative efforts of all the Judicial Officers shall make a positive change. Under the able leadership of Patron-in-Chief and the Governing Committee of the State Judicial Academy, the Academy is all set to scale new heights, and to travel the new horizons. 4 Continuing Judicial Education For organizing continuing judicial education, the principles and standards promulgated by the National Association of State Judicial Educators, USA are of great value. They suggest instruction in five major areas : • Legal Ability : Updates on law, court rules and court procedures, in depth analysis of complex legal issues; examination of judicial decision-making practices and philosophies; and effective opinion writing though identification, analysis and clarity in expressing legal issues, reasoning and conclusions. • Comportment and Demeanour : Judicial code of conduct; fostering fairness through the recognition and elimination of bias or prejudices; cultural awareness; decisiveness; and judicial temperament. • Judicial Management Skills : Case management; effective trial and jury management; settlement skills; personnel management; skills to cope with the growth of litigation and the increasing complexity of legal issues and proceedings; and when appropriate, court system planning administration. • Contemporary and Interdisciplinary Issues : Updates on scientific and behavioural sciences relevant to any judicial practice; knowledge of contemporary social issues; and the law and humanities. • Personal Development : Revitalization and re-dedication to public service; awareness of the need to maintain high levels of personal well being ; and stress management There are, however, a number of new initiatives setting different trends in judicial education. One such trend is to organize judicial education on important subject matter thrown up by major changes in legislations, land mark juridical decisions or social upheavals. Family violence, drug problem, child abuse etc. provide such subject-matter trends influencing judicial education programmes. The increased awareness of human rights and social demand for fair deal from courts irrespective of gender, race etc. create need for another organizing principle for judicial education. The programmes thus evolved are designed to promote a change in judge behaviour in interaction with parties, victims, witnesses and attorneys. -Taken from Study material published by NJA Judicial Academy building at Jammu Judicial Academy building at Srinagar 5 Discourse on Constitutional Morality by Hon’ble Supreme Court of India One of the seminal facets of the concept of constitutional morality is implicit in the eminence of identity as has been succinctly stated in “National Legal Services Authority v. Union of India and others” popularly known as NALSA case wherein the court was dwelling upon the status of identity of transgender. Radhakrishan, J after referring to catena of judgements and certain International covenants opened that gender identity is one of the most fundamental aspects of life which refers to a persons intrinsic sense of being male, female or transgender or trans-sexual person. Sikri, J in his concerning opinion dwelt upon the rights of trans-genders laid down that gender identification is an essential component which is required for enjoying civil rights by the community. The aforesaid judgement, as is manifest, lays focus on “inalienable gender identity” and correctly connects with human rights and constitutionally guaranteed right to life and liberty with dignity. It lays stress on the judicial recognition of such rights as an inextricable component of Article 21 of constitution and decries any discrimination as that would offend Article 14, the fon juris of constitution . Further, when we talk about identity from the constitutional spectrum, it cannot be pigeon holed singularly to ones orientation that may be associated with his/ her birth and feelings he/she develops when he/she grows up .

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