16/11/2015
Three years after he topped the District and Sessions Judge examination taken by Jammu and Kashmir High Court in 2012, advocate still awaits his appointment following an unprecedented delay while other candidates who qualified with him have already been recruited.
Involved in peace-building measures and initiatives in India and across the world for over 15 years, and also a participant in 43rd voyage of Peace Boat (an initiative by Japan-based NGO to promote human rights), 39 years old confides that false implication in a militant case two decades ago is still haunting him. J&K Government that was likely to respond to a writ petition in this regard on Monday has yet again disappointed by delaying the case further, the advocate says.
20 yrs back, the advocate was illegally detained for more than 1 year
He completed his graduation from Bemina Degree College of Srinagar, 23-year-old, he was arrested by state police in the year 1998 on false charges of possessing arms and ammunition at his home. All the charges were subsequently dropped and the detention order was quashed by High Court. He was released after serving an illegal detention of about one and a half years.
Notwithstanding his plight, a resident of Ali Kadal locality, soon after his release from Central Jail in Srinagar, went to Pune to study law. “I got admission in prestigious ILS Law College and during the same period, I was selected to do a course on international humanitarian laws and refugee laws from NLSIU Bangalore,” He says.
In a decade-long career, He represented India on several global platforms
Having completed his degree in law in the year 2003, He began practising as a lawyer. “I was selected to do a course on conflict resolution and transformation in UPPSALA University in Sweden,” He recalls. The lawyer’s career graph continued to see an upward trend after he completed his studies.
Later selected as youth leader from India for Asia Pacific Youth Conference held in Siem Reap, Cambodia, He says he was also fortunate to have been offered to work in the International Movement for a Just World in Malaysia with Dr. Chandra Muzaffar for a period of 2 month in the year 2004.
Working tirelessly and travelling to and fro from his hometown to several countries, His acumen was recognised by the government as well and soon he began training programs and workshops on ethics, leadership and trust building in J&K and elsewhere. “I was invited by department of personal and trainings through initiatives of change to train young IAS and KAS officers in the state and at Panchgani,” the advocate shares.
After working for more than a decade, He appeared for session’s judge examination along with 210 other advocates from Jammu and Kashmir three years ago. Even as he passed with flying colors in the exam and secured full marks in the interview session, His tryst with luck began to end after his past came to haunt him again. “When the verification process of our antecedents began the police department gave some adverse remarks against me,” He stresses.
A few failed candidates filed a writ petition before Supreme Court of India and on November 23, the apex court stayed the appointment process. However, on next date of hearing the stay was vacated but it remained against Him.
In his battle of seeking justice, he was offered help from Former Solicitor General of India, former J&K CM
When former Soliticitor General of India and senior advocate Gopal Subramaniam reviewed His case, he returned his fees. Reputed advocate Subramaniam insisted on pleading His case in the apex court without any payment.
On February 4, 2013 the Supreme Court also vacated the stay in His favour directing government of Jammu and Kashmir to take an independent decision in the matter, He states.
While all the other candidates joined on March 15, 2013, He is yet to receive an order regarding his appointment. Since then, He has been running from pillar to post to seek the government’s decision in the case, but to no avail.
He also met former CM Omar Abdulllah, who promised that the appointment will be made within a week however it did not happen during his tenure.
Earlier this year in March, when Chief Minister M***i Sayed heard His case, he directed officials including Chief Secretary of the state B.B. Vyas to intervene in the matter and end the unprecedented delay in his appointment. Since then, however, it did not happen just like it happened despite former CM Omar Abdullah’s assurances to Him.
'Directions of judiciary should be implemented without delay'
After facing false charges and illegal detention for more than a year, he went on to become one of the reputed lawyers in the valley. The appointment, he says, is important and worth fighting for is because, according to him, the directions of judiciary should be implemented without any delay as it is the last resort to end a common man’s woes.
Despite his acquittal in all the charges, he was falsely implicated in, He is yet to see a ray of hope coming from the government quarters. “During the past 67 years, this will be the first case where an appointment is stopped on this ground. My argument is that if a person is acquitted by a court what else is needed to prove his innocence,” He questions.
