Stating that Darbar Move was a wastage of time, efforts and energy, the High Court on Tuesday asked the Union Home Ministry and Jammu and Kashmir Government to examine the issues it has pointed out on the 148-year old practice and take a decision keeping in view huge financial implications.
A division bench of Chief Justice Gita Mittal and JusticeRajnesh Oswal directed secretary Ministry of Home Affairs to place the judgmentit has passed before the competent authority for examining the issues raised init and taking a considered decision. The Court also directed the ChiefSecretary of J&K to place the judgment before the competent authorities forexamining the issues and taking a decision.
The bench issued the directions after it concluded that “noreasons or grounds are forthcoming for enabling and supporting considerationsof administrative efficiency, legal justification or Constitutional basis foreffecting the Darbar Moves”.
In its order passed on its suo moto plea, the court mademany observations
before asking the governments – Union as well as J&K –to take a call on the issue. “Can any Government afford the annual expenditureof at least Rs 200 crores as disclosed and many more hundreds of crores ofrupees of undisclosed costs to sustain and perpetuate an arrangement ofbi-annual shifting of its Capital two times a year, which originated in 1872from the discomfort of the then ruler of Jammu and Kashmir with the harshnessof the winter in Kashmir?” the court asked.
“Both the Jammu as well as the Srinagar regions equallyrequire administration and governance round the year without interruption. Itis unfair and opposed to public interest to deprive either region completely ofaccess to government machinery for six months at a time,” the court said.
For a period of almost six weeks annually, the court said,the entire governance and administration in the UT comes to a grinding haltcreating a governance deficit. “The sensitivity of the issues with which the UTGovernment is engaged can ill afford this gap in governance,” the court said,observing it is against the public interest.
“Valuable documents and resources of the UT in the nature ofimportant and sensitive government documents are put to tremendous risk in theprocess of their transportation as they are packed in trunks and carried inhired trucks over a distance of 300 kilometers. This practice may have theconsequence of imperilling State and National security,” the court said.
“On account of technological advancements and availabilityof electronic modes, maintenance of record and communication, there is no needfor physical conveyance of assets”.
Underscoring that Information Technology integrates disjointunits into single units virtually, the court said even if the Secretariat andDepartments were divided and placed at different locations, they could bevirtually unified into a single Secretariat with minimal movement of humanresources.
Thousands of government employees, the court said, arecompelled to live apart from their families for six months at a time resultingin physical and emotional pressure not only on the employees but spouses,parents, children and dependants.
The court said the administrative requirement of thebiannual shifting of the employees year after year as part of their conditionsof service to effectuate the Darbar Move was manifestly arbitrary and againstArticle 14 of the Constitution.
The Darbar Move, the court said, places a huge burden on thepolice, security forces in the UT.
“Valuable resources of the State – financial and physical –cannot be diverted to completely non-essential usage,” the court said. “Thereis unwarranted disruption of movement of traffic and personnel on the NationalHighway for four days on each Darbar Move”.
Observing that J&K is already suffering from high fiscaldeficit the court said the expenditure on the Darbar Move is an unwarrantedburden on the depleted resources of the UT and a drain on the public exchequerand taxpayers money.
Underling that the expenditure involved is in the nature ofmis utilization of valuable public resources which are urgently required forpublic purposes, the court said a large financial outlay is required to meetthe immediate needs to address COVID-19 issues including health,infrastructure, transportation, technology, security, social welfare,unemployment, food to name just a few.
Observing that the Darbar Move results in wastage of time,efforts and energy on inefficient and unnecessary activity- packing of records,the court said the same nurtures inefficiency and leads to lack of governance.
“It also has a huge financial cost in terms of salary paidto employees who spend weeks on this unproductive work. It is a practice whichworks to the detriment of the larger interest of all the people.”
The Darbar Move, the court said, causes delay in justicedispensation as government records are not available to the pleaders in oneregion for six months at a time.
“Non availability of the record with the government pleadersin the Wing other than the Main Wing, compels them to seek repeatedadjournments as they are unable to file their responses in civil cases orconduct criminal prosecutions for want of government record. The Darbar Movetherefore adversely affects the fundamental right of access to justice of the publicas guaranteed under Article 21 of the Constitution”.
“The lockdown has compelled enforcement of the ‘Stay at Homeand Work from Home’ situation, social distancing has become necessary norm.These circumstances compelled the Government’s conclusion in the order dated 17April 2020 that the Darbar Move could have dangerous consequences. For thisreason as well, the Darbar Move is being rendered unworkable,” court said.
The amount of money, resources and time which could besaved, could be utilized towards the welfare and development of the UT whichhas otherwise witnessed much turmoil. “The financial saving and resources couldbe utilized for contributing towards the protection and propagation of itsinherent culture and heritage of the communities. It could also be used forfacilitating expenditure on the COVID-19 related issues including those of foodshortages, unemployment and healthcare amongst others,” court added.