Govt defends decision, says proposal in conformity with law
REGISTRATION POWERS ROW
GK NEWS NETWORK
Jammu, Dec 28: Jammu and Kashmir Government today defended its proposal to transfer powers of registration work from judiciary to executive on the plea that the decision has been taken in accordance with the rules and regulations and in larger public interest.
The government in its objections filed before a Full Bench of Jammu and Kashmir High Court – constituted to hear a Public Interest Litigation on the recent strike of the lawyers and proposal of the government to transfer the registration powers – defended its stand saying that the registration work “does not call for any judicial function in strict parlance but is only an executive act”.
The government quoted the provision of Registration Act SVT 1977 (1920 AD) and submitted that under the Act and its Rule the Chief Justice of J&K High Court has been empowered to act as the Inspector General of Registration of J&K State.
“During the relevant time the functions of the executive and judiciary were exercised jointly by the Civil Service Officers. After the independence/accession of State of JK with the Union of India, the functions of the JK Judiciary and Legislature were defined separately under the concept of separation of powers. The said concept is borne out under Article 50 of the Constitution of India and Section 18 of Constitution of J&K in furtherance of the directive principles of State Policy as enshrined in the said provisions of the constitutions,” the objection reads.
“It is enjoined upon the state to separate executive from the judiciary. The state legislature enacted the JK Separation of Judiciary and Functions Act 1966 and by virtue of said Act r/w notification SRO 253 and 297 of 1968 there has been a clear demarcation of the functions of two wings,” it adds.
The stamp act in question in JK is administered by the Finance Dept whereas the Registration Act in question is administered by the Law Dept, it reads adding that the powers of Registration Act are exercised by the judicial officers as delegated in terms of the provisions of Registration Act not with standing the fact that judiciary is an independent constitution, neither subordinate nor subservient to the State government in any way.
“The judiciary cannot be made subordinate to the executive and therefore tax review meetings and monitoring under executive cannot take place and will actually lead to day to day friction. Since it has not been possible for the officers of Commercial Tax (Stamps) Dept) to inspect the office of Registrars and Sub-Registrars.”
It was further claimed that the advocates across the state can appear even before the Registering Officer as there was no bar for them under the section 30 of the Advocates Act.
The Bench, comprising Justice Virender Singh, Justice JP Singh and Justice Hasnain Massodi, directed the Registrar General of J&K High Court and Bar Association Jammu to file objections to the petition.
It further ordered that the interim direction issued by it earlier shall remain in force till the next date of hearing.
Lastupdate on : Wed, 28 Dec 2011 21:30:00 Makkah time
Lastupdate on : Wed, 28 Dec 2011 18:30:00 GMT
Lastupdate on : Thu, 29 Dec 2011 00:00:00 IST
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