RAJESHWARI KATOCH vs HIGH COURT OF JAMMU & KASHMIR

This WPPIL focuses on issue relating to the implementation of Gender Sensitization regulations and to ensure that there is no Sexual Harassment to

women working in the High Court and Subordinate Courts in the State of Jammu and Kashmir.

Pursuant to various directions of this Court issued from time to time, the Regulation, 2016 was brought into force. It is called “The Gender

Sensitization and Sexual Harassment of Women at the High Court and Subordinate Courts of Jammu and Kashmir (Prevention, Prohibition and

Redressal) Regulations, 2016â€​.Â

In terms of Regulation No.4(1), a Gender Sensitization and Internal Complaints Committees (GSICC) for each wing of the High Court, a committee

had to be constituted.Â

In this regard, an order No.1633 dated 09.03.2018 was passed and it, reads as follows:-

“HIGH COURT OF JAMMU AND KASHMIR AT JAMMU

 No.1633       Dated:09.03.2018

ORDER

In terms of Regulation No.4(1) of the Gender Sensitization and Sexual Harassment of women at the High Court and Subordinate Courts of Jammu

and Kashmir (Prevention, Prohibition and Redressal) Regulations, 2016, the High Court of Jammu and Kashmir Gender Sensitization and Internal

Complaints Committees (GSICC) for each wing of the High Court, are constituted as under:-

SRINAGAR WING:

Justice Mohammad Yaqoob Mir

Sh. Bashir Ahmad Bashir, Senior Advocate

Ms. Arzoo Bhat, Advocate

Ms. Mir Nighat Alam, Deputy Director Social Welfare Kashmir

Ms. Rashida Akhter, Dy. Director ICDS Kashmir

Ms. Jameela Zahid, Assistant Registrar High Court of J&K

Sh. Imtiya zSofi, Advocate.

JAMMU WING:

Justice Alok Aradhe

Sh. D. C. Raina, Senior Advocate

Ms. Surinder Kaur, Senior Advocate

Ms. Sushma Choudhary, Vice President Association for Social Health in India (ASHI) Neha Ghar Kachi Chawni, Jammu.

Mrs. Seema Khajuria Shekhar, Additional Advocate General High Court of Jammu and Kashmir 6. Ms. Nisha Saraf, Deputy Registrar High Court

of J&K

 7. Sh. Abhinav Sharma, Advocate J&K High Court.

 Sd/-

 Chief Justice

 No.61959-70/RG          Dated:09.03.2018â€​

Today when the matter is taken up, petitioner has not put in appearance.Â

Mr. A. V. Gupta, learned Senior Advocate appearing for the High Court of Jammu and Kashmir, states that he was not made aware of the Order

No.1633 dated 09.03.2018. He was not informed by the Registry of the High Court as to the passing of such order.

We, therefore, called upon Mr. Mohd. Yasin Beig, Joint Registrar (Adm) of Main Wing of this High Court, to inform the Court as to why there is

no communication from the Registry to Mr. A. V. Gupta, learned senior counsel. Mr. Beig informs the Court that all these matters are dealt by the

Registrar General, High Court of J&K and he has no role in the matter. We do not approve the above said statement made by Joint Registrar (Adm).

We find from office file that he is the officer who has proposed the name of Shri A.V.Gupta, Senior Advocate to appear in this matter. Every officer

of the High Court is expected to be committed to the institution and take a lead in the absence of another officer. Shirking ones responsibility and

blaming another officer does not behove well for the institution. This is not the first time the official feigns ignorance.Â

We requested Mr. A. V. Gupta, learned Senior counsel, to once again verify from the Registry as to the formation of the committee. Thereafter,

the order No.1633 dated 09.03.2018 surfaced from the Registry.Â

The cause of action for filing the instant WPPIL has become infructuous in view of the above order. But for the insistence by this Court, this case

would have been adjourned to another date gathering more mass and consuming stationary. This is because of non-application of mind by the Joint

Registrar and Deputy Registrar concerned.Â

We direct the Registrar General, High Court of Jammu and Kashmir, to henceforth ensure that in all cases pertaining to the High Court, an officer

in the rank of either Joint Registrar (Adm) or Deputy Registrar (Adm) or any other competent officer be present in the Court at the time of hearing,

and provide proper instructions and assistance to the counsel appearing for the High Court. Breach of the aforesaid order will be henceforth viewed

seriously.

In view of Order No.1633 dated 09.03.2018, the cause of action for filing the instant WPPIL does not survive at this point of time, therefore, the

WPPIL is closed. Connected MP also stands disposed of.