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Most petitioners fail to turn up at Jammu and Kashmir High Court

Most cases were simply adjourned for a further date without any arguments.

, ET Bureau|
Sep 18, 2019, 08.49 AM IST
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In one order last Friday, the High Court dismissed a writ petition after studying documents in a service matter after the petitioners could not be present in court on two occasions.
NEW DELHI: Petitioners were present in court in less than a dozen out of 81 cases in which orders were issued on Monday and Tuesday by the Srinagar Wing of the Jammu and Kashmir High Court. Most cases were simply adjourned for a further date without any arguments in the absence of the petitioners or their lawyer.

Chief Justice of India Ranjan Gogoi on Monday had said he would visit Srinagar, if the need be, to check on the situation at the J&K High Court. The Supreme Court on Monday also sought a report from the J&K High Court chief justice on allegations that people were finding it difficult to approach Srinagar Wing of the High Court, with CJI Gogoi saying it was “very very serious” if this was the case, as was claimed by a lawyer before the bench. Orders issued on Monday and Tuesday in 81 cases have been uploaded by the Srinagar Wing of the J&K High Court on the E-Court platform, which ET reviewed, which shows petitioners were absent from court in a high number of cases. Among the few cases where the petitioners did turn up, their lawyers were absent in some cases. In some cases, respondents also did not turn up in court. The situation has been similar since August 5.

Like, in one case, in which two appellants attended the court on Monday, they claimed that they were issued show-cause notices dated July 24, 2019, by the other party “which, on the account of restrictions in movement of traffic was not received by the appellants.” The Srinagar Wing of the HC then directed that the respondents shall ensure that the show cause notice dated 24th July, 2019, is served afresh to all the appellants and posted the matter for December 23 saying appropriate opportunity is given to the appellants to file their reply. In most other cases, matters were adjourned with remarks like “present none”, “appearance of the petitioner to await”, “none appears for the appellant” and when none appeared on behalf of the petitioner while the government attorney was present. In some matters, the court said the matter was hence adjourned “in the interest of justice.”

In one order last Friday, the High Court dismissed a writ petition after studying documents in a service matter after the petitioners could not be present in court on two occasions. “There was no appearance on behalf of the parties on 28th August, 2019, when the adverse orders were deferred in the interest of justice. None appears for the petitioners when the matter is called out today. This writ petition is, accordingly, dismissed,” the court said in its order on September 13.

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