Thursday, March 4, 2010

Bar says CJ was punished for being just in Shopian case

On March 4, in presence of outgoing Chief Justice, Justice Barin Ghosh and galaxy of High Court and Subordinate Court judges, the president High Court Bar Association described Justice Barin Ghosh as honest, upright, dedicated and sincere judge who has been transferred from Kashmir to Sikkim for being just in delivering justice in Kashmir.
It is the rarest of rare instance in past 20 years when the High Court Bar Association has given farewell to outgoing Chief Justice of the State.
Setting the tone for the day the High Court Bar Association president Mian Abdul Qayoom said that Chief Justice, Justice Barin Gosh has been exemplary in his conduct as the Chief Justice of the High Court. “And how come the State tolerate the judge in Kashmir who stated that ‘put all Kashmir in prison but lodge them in Kashmir only,” Qayoom said.
He said Justice Barin Ghosh orders whether on Shopian or PSA detentions had given the sleepless nights to the State. “He issued orders on July 4 and July 15, 2009 to arrest police officer in Shopian case. It was Justice Ghosh who stated they (police officers) should apply for the bail with High Court only,” he said.
Unlike senior counsel Z.A Shah and Z.A Qurashi who earlier termed the conduct of the Chief Justice towards the lawyers as harsh, Qayoom was all praise for Justice Barin Ghosh. “In the delimitation case, the petition was filed at Jammu. The Chief Justice could have adjudicated the matter in Jammu only. But he preferred to hear Kashmir Bar and lawyers here,” Qayoom said. He said in the case the Chief Justice also heard what has not been heard for past 60 years.
In the case the HCBA had brought the UN resolutions and Kashmir dispute first time before the Court.
He said earlier the same treatment was meted to upright judge, the then Chief Justice, Justice Bahudin. He said Justice Bahudin was also transferred to Skim. But, he added, Justice Bahudin preferred not go. He said though Kashmir was beautiful place, Justice Ghosh only wanted to visit Shopian and Sopur. He said has been punished for being upright in Shopian and other human rights cases.
The Chief Justice, Justice Ghosh in his speech avoided reference to Shopian, detention and delimitation case but responded to the allegations of being harsh. In lucid manner he said “when a case comes up before the judge for adjudication, he doesn’t look at the face of lawyer but at the client who has come to the Court to see appropriate adjudication. If the litigant is entitled to what he is asking the adjudicator would decide the case accordingly. If the adjudicator sees the lawyer is ruining litigant’s case, who is entitled to what is asking for then the adjudicator gets angry.”
The Chief Justice said Indian judiciary has rendered very good judgments which have been reported. “But all the great judgments are product of the great lawyers who appear in these cases and enlarged the dimensions of the case,” the Chief Justice said.
He said when he came to Jammu and Kashmir he was told that ‘It is a small court and there is nothing much to do here.” “Here I found the members of judiciary, lower judiciary and bar par-excellence,” Chief Justice said. ‘I have never seen a lawyer appearing before the Court without preparing his brief,” Chief Justice said. He thanked the Bar for the farewell.