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HIGH COURT OF JAMMU AND KASHMIR

Diamond Jubilee Celebrations
Inaugural Session
Saturday, 29th July 2006
- Honble Mr. Justice Y. K. Sabharwal,
Chief Justice of India
It is always a pleasure to come to this beautiful State of Jammu &
Kashmir, so very appropriately called Heaven on this earth.
Speaking from the stand point of judicial administration in the Secular,
Democratic Republic of India which is wedded to the principles of rule of
law and welfare State, and true to its position in the geographical map of our
beloved country, the State of Jammu & Kashmir can hold its head high and
rightfully claim a place of pride in Indian polity. The occasion of Diamond
Jubilee Celebration of an institution is an important landmark when those
engaged in its evolution can look back into the history with pride and firm
up their resolve for continuity of the venture with the same zeal and
commitment in the future. From this perspective, it is a momentous occasion
for Judiciary in Jammu & Kashmir.
Though the court system here had its origin in 1873, the modern
judicial administration in this State traces its present history to the year

1928 when the full-fledged High Court of Judicature was established by the
then ruler, under the stewardship of Lala Kanwar Sain appointed as the first
Chief Justice. The year 1954 saw assimilation of the justice delivery system
of Jammu & Kashmir with that of the rest of India, through Constitution
Application Order which extended the jurisdiction of the Supreme Court to
this region and also, and more importantly, vested in the State High Court,
for the first time, the jurisdiction and power to issue writs for enforcement
of the fundamental rights.
As a result of the quest for justice, in which lawyers and judges have
been equal partners, you have been following rich traditions of judicial
propriety, dignity and decorum. Your endeavours have produced illustrious
legal professionals, who have risen to positions of eminence in Bar and
some of whom were elevated to the Bench in due course. The State judiciary
has been true to the task that was assigned to it as part of the overall scheme
of good governance. In your unstinted efforts as guardian angels of the rule
of law and protectors of fundamental rights and in ensuring that justice is
not denied even to the poorest of the poor, the judicial administration has
been ably assisted by illustrious members of the Bar of Jammu & Kashmir.
Diamond Jubilee is indeed an occasion to look back and fondly
remember all the great Judges who trace their roots here or have served the

cause of justice from the bench of this High Court and all the great lawyers
who contributed in the dispensation of justice.

The list of judges and

lawyers who immensely contributed either during nascent years or later and
left their distinct mark of excellence is so big that for paucity of time it is
not possible to name them. My salutes to all of them. The present Acting
Chief Justice, Justice Bashir Ahmed Khan, after extensive experience at the
Bar, started his judicial innings from this High Court and after stints in High
Courts of Madhya Pradesh and Delhi, where I had the privilege and pleasure
of working with him is again here to serve this Court.

The High Court of Jammu & Kashmir has proved to be a treasuretrove of talent for Supreme Court of India. Two names immediately come
to my mind who always shine as bright stars in the legal azimuth are of
Honble Mr. Justice S. Murtaza Fazl Ali and Honble Dr. Justice Adarsh
Sein Anand, both a radiant figure and both endowed with wide knowledge
of law and allied fields of learning.

Legal fraternity everywhere,

particularly in India, would always remain beholden to Jammu and Kashmir

for these great gifts that this State gave to the apex court, a position from
which they were able to put to full use their legal acumen so as to add to the

richness of law strengthening, in the process, the foundations, traditions and

independence of the judicial institution in this country.
Justice Syed Murtaza Fazl Ali would always be remembered as
champion of fundamental rights and rule of law, two basic tenets on which
our constitutional scheme is founded. As co-author of land mark judgments
of cases known as Maneka Gandhi, V.C. Shukla,Nergesh Meerza and
S.P. Gupta, dealing with personal liberty, right to equality, right against
hostile discrimination and appointments & transfer of High Court Judges, he
left an indelible mark on the administration of justice.
The name of Honble Dr. Justice Adarsh Sein Anand stands out as the
tallest of the tall amongst the galaxy of legal luminaries produced by Jammu
& Kashmir. He was called to the bar in 1964 by the society of Inner Temple,
London and showed great promise as a legal practitioner at a very young
age. This earned him the distinction of being appointed as a judge of
Jammu & Kashmir High Court at the age of 38 years. He rose to be the
Chief Justice of this High Court and was later transferred as Chief Justice of
the High Court of Madras. He was elevated to the Bench in the Supreme
Court of India in 1991 and became the Chief Justice of India in October
1998, from which position he retired on 1st November 2001. His long and

illustrious career as a Judge will go down in Indian history in golden letters.

He is a person of high intellect and extensive knowledge.

His

jurisprudential acumen covers almost the entire spectrum of different

branches of law. His judgments have covered such varied topics as would
include the Constitutional law, administrative law, service jurisprudence,
taxation, consumer protection, personal law, criminal law, election laws,
rent restriction laws, environmental protection & pollution control, judicial
reforms, land reforms, prison reforms, anti-corruption legislation, antiterrorism legislation, preventive detention, penology, torts. Perhaps the list
of the areas in which he has made foray can never be fully compiled. His
judgments in a series of cases known as MC Mehta have resulted in
evolution of law concerning environmental protection.

If the cases of

Nilabeti Behera, R.D. Upadhya, D.K. Basu and Indian Council of Legal
Aid and Advice reflect his deep solicitude for human rights of under-trial
prisoners, the cases known as Bhopal Gas Peedit Mahila Udyog Sangthan
and Sakshi demonstrated his conviction about the duty of the State to come
in aid and to the rescue of victims of environmental disaster and cases of
sexual abuse.

The judgments in the cases of Dhananjoy Chatterjee,

dealing with Penology concerning the extreme penalty of death; Rajbir,

involving anti-terrorism law; case of P.V. Narsimha Rao dealing with anticorruption measures in relation to import of the expression Public Servant
vis-a-vis member of legislature and sanction for their prosecution are bound
to guide for decades the criminal justice administration in our country.
These cases are just a few examples of his abiding interest in the
development & growth of criminal law in India.

The cases of S.R.

Chaudhury and Charan Lal Sahu will have eternal value for the students
of law concerning electoral processes.
Honble Dr. Justice A.S. Anand is a champion of human rights. After
he demitted the office of Chief Justice, it is his profound patronage of the
connected issues that impelled him to accept the position of Chairperson of
the National Human Rights Commission, thus enhancing the status of
Human Rights not only at national level but also at international level. His
contributions in that position are just another feather in the cap of this great
man of simple habits. He is a man of letters who has authored a number of
books on a variety of subjects. His book titled Justice for Women gives an
insight into the tender heart that beats within. Not merely the State of
Jammu & Kashmir, it is India as a whole that is proud of this living legend

whose work and contribution would always be the motivational force for the
future generations.
Over the last about decade and a half you have been passing through
times of trials and tribulations in which balance had to be struck between
concerns of national security on one hand and the individual liberties on the
other. The State judiciary, and as always, I include the subordinate judiciary
in this, has acquitted itself well in these trying circumstances and has
dispensed justice without fear or favour, in a truly dispassionate nonpartisan manner.

My esteemed colleague Brother Honble Justice H.K.

Sema has fond memories of his tenure as the Chief Justice of this High
Court during 2001-02.

He sums up the position of this High Court

beautifully by calling it a beacon of faith and hope for the

people of the State in testing and turbulent times.
The piety of the site of this High Court, where the last remains of Mahatma
Gandhi were once kept for public homage has been generally preserved
through unpolluted justice, vindicating the hope expressed by late Sheikh
Mohammad Abdullah at the time of laying of foundation stone in 1978 and
appeal made by him to the legal fraternity to follow the ideals of the father

of Nation and remain sensitive to the rights of the citizens and protect
them. The need for it is greater today.
I congratulate the people of Jammu and Kashmir in general and the
State judiciary in particular for the commendable task performed in the
cause of justice.
We are privileged to have amidst us today, His Excellency the
President of India, Dr. APJ Abdul Kalam. We are eager to hear his words of
wisdom and guidance for shaping up a Vision Document for the future role
of judiciary in India.
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