50 judicial courts headless but Minister’s Munsiff son working as HoD in Omar Govt

Kisse vakeel karein, kis se munsiffi chahein?

Ahmed Ali Fayyaz

SRINAGAR, Dec 16: Government of India’s interlocutors on the Kashmir problem are by now supposed to be richer in their understanding of the loss of faith of the Kashmiri youth in the Indian system and institutions. They may yet have to learn how even the institution of judiciary is being taken for granted by the executive here to promote individuals---sons and daughters of influential politicians and bureaucrats.

Minister of Agriculture Ghulam Hassan Mir’s son, Afroz Mir, was appointed as a Munsiff around the time PDP-Congress coalition took over in 2002. Within two years, men of consequence in Mufti Mohammad Sayeed’s government prevailed upon Afroz’s employer, J&K High Court, and got him on a brief deputation to the Civil Secretariat as Assistant Legal Remembrancer (ALR). Since ALR is a post of Under Secretary to Government, this change of service was like DGP’s deputation as Chief Secretary or Principal Chief Conservator of Forest (PCCF).

Within next year, Afroz was clandestinely elevated to the superior position of a Head of Department (HOD) in the Government of Jammu & Kashmir. Trampling rankers and contenders in the department, Afroz was appointed as Director Defence Labour Procurement (DLP), a position previously held by an IAS officer. All of this backdoor exercise, in breach of all rules, norms and codal procedures, happened when the no-nonsense and meticulously honest Muzaffar Hussain Baig was working as Minister incharge Law.

“I was morally weak in this matter and came under the influence of a fellow Minister (Afroz’s father, Hassan Mir). It was a blunder, something I should have never agreed to do”, Baig later admitted candidly in a television interview.

Then Chief Justice of J&K High Court, Bashir Ahmed Khan, took exception to the briefly deputed Munsiff’s far superior deputation and appointment as Director DLP without the knowledge and approval of the incumbent’s employer, J&K High Court. He called an explanation from Chief Secretary. It never came. The crisis was buried in a hush hush manner. Since 2004, Munsiff Afroz Mir has been firmly functioning as Director of a civil administration department in the state government.

Poor Kashmiri candidates, who cleared the state level competitive examination of the feeding services of Kashmir Administrative Service (KAS) through Public Service Commission in 1999, would not even dream of becoming HODs in the next 15 years. By the time they will be inducted formally into KAS and appointed subsequently as Additional Secretary to Government, their far junior competitor in the judicial service would have served four terms as Director and Deputy Commissioner and probably appointed as Principal Secretary of Law on the pattern of once temporarily engaged Munsiff, Akhtar Kochak. Now retired, Akhtar was the brother of Hassan Mir’s colleague in G M Shah cabinet and then Minister of Revenue, Ghulam Nabi Kochak. With the advantage of his age, Munsiff Afroz may one day retire as Chief Secretary of the State, without ever appearing in any competitive examination at the state or All India level.

Afroz Mir’s extraordinary qualification is nothing other than being the son of a mainstream politician who happens to be a past master in manipulative tactics. Known for his “New Delhi connections”, Mir played a key role in toppling Farooq Abdullah’s government in 1984. Chief Minister, G M Shah, inducted him as Minister of Law. State Vigilance Organisation proceeded against Mir in two matters of corruption and backdoor appointments and established the charges but, nearly 25 later, Omar Abdullah-led coalition government has refused sanction to his prosecution as he continuously happens to be a Minister in the Cabinet.

Hassan Mir is not the only Minister and Afroz Mir the only son of a Minister who has brazenly made a mockery of the Indian system of governance in J&K. The peculiarity in this matter is that even the judiciary---the only institution which has, to a great extent, preserved its credibility in the last 20 years of turmoil---has been taken for a ride by unaccountable politicians and bureaucrats. “Jeevay, Jeevay Hindustan!” is the satirical remark of a poor village boy, now 39 year old, who has a Ph D in Forestry and has been unsuccessfully in search of a class 4^th job since 1996.

According to authoritative sources in J&K High Court, Afroz Mir is enjoying his overstretched government deputation at a time when as many as 35 Munsiff courts are headless in Jammu & Kashmir. Remaining 45 are better placed as these are being manned by a judge but most of these judges have to simultaneously dispose work of the headless courts in their respective districts.

Munsiff Karnah holds court for 20 days at Karnah and 10 days a month at Kupwara. Until recently, he used to work for 10 days at Karnah, 17 days at Kupwara and 3 days at Sogam. Now, Munsiff Handwara is dividing his week between Handwara and Sogam. Identical is the situation with more than a dozen other Munsiff courts in Kashmir valley.

Law Commission recommendations are similarly observed in breach for want of judicial staff in around two dozen Munsiff courts in Jammu division. For example, Munsiff Poonch works for 3 days at Poonch and 3 days a week at Mendhar. Munsiff Thana Mandi divides the week between Thana Mandi and Koteranka and Munsiff Sundarbani works 3 days each at Sundarbani and Kalakote. CJM Rajouri is holding the additional charge of Munsiff Budhal.

Munsiff Kathua has a similar schedule between Kathua and Basohli. Munsiff Chinani holds 3 days of his court at Chinani and 3 days at Majalta. Munsiff Ramban has been holding 3 days of business at Ramban and 3 days of every week at Gool. Similarly, Munsiff Thathri is divided between Thathri and Gandoh, in Doda district.

While Munsiffs and Sub Judges/ Chief Judicial Magistrates are overburdened with additional charge of 35 unmanned Munsiff courts, as many as 16 substantive posts of District and Sessions Judges are also lying vacant for years in J&K.

“I have no comments on the deputation of Mr Afroz Mir. As regards the vacant posts of Munsiffs, High Court, with the help of PSC, has recently appointed around three dozen Munsiffs who are currently under training at Judicial Academy in Jammu”, said a High Court official, wishing anonymity. He said that the process of filling up of 16 posts of District and Sessions Judges was also underway and written examination was scheduled to begin from December 26^th.  He said that both the recruitment processes were being held first time in the last six or seven years

END