In regard to the depleting forest cover in Jammu & Kashmir, the Single Bench of Justice Rajesh Bindal observed that certain steps need to be taken by the UT administration to improve the situation and find remedies. The Court observed that the way the forest department functions in the valley is not at all up to the mark and that it is not even monitoring the forest areas to prevent illegal encroachment.
As per the order, Justice Bindal said that “This court is constrained to observe that the way the forest department is working cannot be appreciated. It has a large area under its control in the Union Territory of Jammu & Kashmir but unfortunately, not being monitored properly though there are ways and means to do the same. Forest cover is decreasing as encroachments are increasing day by day. Illegal forest cutting is also rampant. Some urgent steps are required to be taken to take care of our green cover”. Justice Bindal was hearing a writ petition filed by Mohammed Sadiq Wani, which seeks a direction upon the forest authorities to extend the time limit of his permission for collection of non-timber forest produce (NTEF) from the Marwah Forest division. The Court said that “On year to year basis, the contracts are awarded for extraction/collection and removal of NTFP...In such a situation, how extension for extraction/removal of NTFP can be envisaged is a mystery. It cannot be comprehended as to how at the same time two persons can be allowed to extract and remove NTFP, from the same area. This may create disputes amongst the contractors.”
The Bench observed that “Foolproof method or removal is also required to be put in place. Under what circumstances, the contractor, who had been awarded a contract for extraction of NTFB for a particular period can be granted extension when the period of extension may overlap with the period for which next year’s contract be awarded.” The Court directed the Forest Secretary to the UT Administration and the Chief Conservator of forest in the valley to take appropriate action in the matter. But no relief was granted to the petitioner for the availability of an “effective alternate remedy” already provided in an extraction contract in the form of arbitration.
[READ ORDER]
Jammu and Kashmir HC directs Trial Courts to desist from undertaking ‘Two Finger Test’ and to avoid disclosing rape survivors identity
Judiciary
Dec 30, 2020
Gautami Chakravarty
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Editor: Ekta Joshi
)
21 Shares
A Division Bench of the Hon’ble High Court of Jammu and Kashmir, consisting of Acting Chief Justice Rajesh Bindal and Justice Sanjay Dhar, in the case of State of J & K V/s Md issued directions to all the health professionals of Union Territory of Jammu and Kashmir and Union Territory of Ladakh to strictly desist from undertaking ‘two finger test’ known as ‘per-vaginum examination’ on the rape survivors.Factual BackgroundIt was found that the prosecutrix had been...
High Court of J&K Clarifies That Residents of J&K May Approach NHRC for Grievances on Violation of Human Rights as State Commission Was Wound Up [READ JUDGMENT]
Judiciary
Dec 24, 2020
Dev Kumar Patel
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Editor: Ekta Joshi
)
49 Shares
The Srinagar bench of the Jammu and Kashmir High Court has suggested that the residents of Jammu and Kashmir, if having any grievance regarding violation of their human rights, may have to approach the National Human Rights Commission. A public spirited person, Chairman of J&K Reconciliation Front and a Kashmiri Pandit in its petition submitted that there was blatant violation of the human rights in the fake encounter where three labourers, namely, Ibrar Ahmad, Mohammed Ibrar and...
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