Court Stays Oil Tanker Drivers’ Union Election

 Jammu, 03/June/2025: A local court in Jammu has put a stay on the elections of the All Jammu and Kashmir Oil and LPG Tank Truck Drivers’ Union.

The court in its order dated 02/June/2025 has also put on hold  election-related notices issued by the Returning Officer, Mr. M.R. Chak, a retired District and Sessions Judge.

One of the contesting candidates said the court has stayed the election notifications dated 24 April, 22 May and  31 May 2025, which had announced the schedule and process for the polls.

The Returning Officer has also been directed not to take any further steps until the next hearing.

Interestingly, the stay has come at a time when Advance Winter Stocking (AWS) for the Ladakh region is underway. This is a crucial period when essential fuel supplies are rushed to the Leh and Kargil region before winter sets in.

The contesting candidate said, holding elections now could have disrupted the AWS operations, as many tanker drivers would have been busy with the elections.    

The candidate confirmed the court’s order but did not disclose the name of the person who approached the court and assured as an when the signed copy of judgment is released from court, he would share even the name of the petitioner who had approached the court.   

More details are expected soon, and the matter is likely to remain in the spotlight in the coming days.                                                                              

High Court Stays Rejection Order of ADC Jammu, Asks for Expeditious Review

 " Issuance of Pahari  ST  Certificate to Residents of Non-Pahari Speaking Areas "

Jammu, 09/May/2025: In a significant development, Justice Mohd. Yousuf Wani has stayed the order of the Additional Deputy Commissioner, Jammu, wherein the ADC Jammu, vide his office order dated 19/10/2024, had rejected the appeal of the petitioner Garvit Raina, a student of 27 years and upheld the order of the Tehsildar RS Pura, Jammu, who had already rejected the application of the petitioner for the issuance of a Scheduled Tribe Certificate claiming to be a member of the Pahari Speaking Clan. 

 Aggrieved over the rejection of his application dated 08/08/2024 for issuance of ST certificate by the Tehsildar RS Pura, Jammu, the applicant, seeking indulgence of the office of DC Jammu, submitted a first appeal before the first Appellate Authority, i.e. Additional Deputy Commissioner, Jammu, and requested for issuance of an ST Certificate.

The petitioner had claimed to be a member of the Pahari Ethnic Clan and originally hailing from Tehsil Plandari, Poonch (POJK). The petitioner in his appeal had also submitted that his mother tongue would be Pahari. However, the office of the ADC Jammu rejected the appeal of the petitioner. 

On behalf of Garvit Raina , the petitioner, Advocate Chetan Prabhakar and Karan Prasher filed a writ petition before the High Court of Jammu and Kashmir and Ladakh and prayed for quashing the order of the ADC Jammu and for issuing directions to other respondents to issue an ST Certificate to the petitioner. 

In the petition before the court, the petitioner had stated that the intent of the legislature regarding the reservation for Pahari Ethnic Clan is not area-specific but linguistic and ethnic-specific.

The single bench court of Justice Mohd. Yusuf Wani after hearing the submissions of Advocate Chetan Prabhakar, stayed the order of the ADC Jammu and directed the ADC Jammu for an expeditious review of his order dated 19/10/2024.

This order of the High Court dated 05/05/2025 may have broader implication for individuals belonging to the Pahari community residing outside traditionally recognized areas.                              

.

RTI Reveals Over 16000 Kanals of JDA Land Under Illegal Occupations

 20 % of JDA’s Land Holding under Illegal Occupation, RTI Exposes

Jammu,08/March/2025: In a shocking revelation that has come  emerged through a Right to Information (RTI) application filed by Jammu-based RTI activist Raman Sharma. The Jammu Development Authority (JDA) has officially admitted that over 16000  Kanals of its land is under illegal occupation by private parties and land mafias. This accounts for more than 20% of JDA’s total land holdings.

 

In response to Sharma’s online RTI query, Vishavjeet Singh, the Secretary and Public Information Officer (PIO) of the JDA, vide his Office Letter No. JDA/RTI/PIO/2025/79/17 dated 04/March/2025, disclosed these alarming figures.

The PIO’s reply  informs  that out of 80,976 Kanals and 10 Marlas of total land holdings of JDA, 16,467 Kanals and 10 Marlas is under illegal occupation of encroachers and as on date only 65,508 Kanals remain in JDA’s actual possession which means 20.34 percent land belonging to JDA is under illegal possession.

The PIO’s Letter also reveals that in Jammu district, JDA owns 68,992 Kanals and 11 Marlas of land, while in Samba district, it owns 11,983 Kanals and 19 Marlas. 

Contrary to the tall claims made by the J&K government and senior JDA functionaries, the RTI reply refused to provide information regarding the total area of land vacated and retrieved by JDA from the year 2015 to 2025 and the JDA’s  response simply stated: “Record Not Available.”

 Responding to the query related to the total number of legal cases pending against JDA in different courts, the reply served by JDA reveals that as of now, a total of 635 court cases are pending against it, including 212 in subordinate courts, 422 in the J&K High Court, and one case pending in the Supreme Court of India.  Expressing his concern over exposure in the RTI reply regarding such a huge portion of JDAs land under illegal occupation of Mafias, information seeker Raman Sharma urged the Lieutenant Governor  Manoj Sinha and Chief Minister Omar Abdullah to take note of it and retrieve the encroached land worth billions of Rupees.                                                    

.>>

>

.

RAAG Hosts Seminar on POJK: Legal & Parliamentary Perspectives

 Seminar on "POJK: Parliament's Resolution & Legal     Discourse" Organized by RAAG

 Jammu, 04/March/2025: The Research and Advocacy Group (RAAG), a voluntary organization comprising of legal professionals, academicians, media persons and scholars today organized an insightful seminar on "POJK: Parliament's Resolution & Legal Discourse" at the Lawyers' Chamber, J&K High Court Complex, Jammu.
The seminar featured eminent speakers, including Dr.(Captain) Alok Bansal, Executive Director of India Foundation, Sunil Sethi, Senior Advocate, and Upinder Krishen Jalali               (U.K. Jalali), Senior Advocate and former Advocate General, J&K Government, who provided expert insights into the legal and parliamentary dimensions of the Pakistan Occupied Jammu & Kashmir (POJK) issue.
 
The program commenced with the introduction of eminent guests and welcome address by Advocate Deepak Sharma, Convener of RAAG organization.
 
The discussion focused on the constitutional and legal aspects of India's lawful claim over Pakistan Occupied Jammu and Kashmir, in line with Parliament’s resolution on the subject. The speakers emphasized historical perspectives, strategic implications, and legal frameworks surrounding the issue.
 
The speakers highlighted legal provisions, strategic concerns, and historical aspects, comprising in depth analysis on the subject.
U.K. Jalali, Senior Advocate and former Advocate General of J&K, raised concerns over the Shimla Agreement, stating that Indian leadership returned a strategic area to Pakistan. He remarked that it is unfortunate and against international law that Pakistan and its military establishment continue to use POJK as a terror-launching pad against India. He also recalled the 1971 Indo-Pak War and the creation of Bangladesh, emphasizing that if Indian leadership had exercised better political wisdom, the areas of POJK could have been bartered in the Shimla Agreement. The former AG also exposed Pakistan’s actions, stating that it was Pakistanis (now Bangladeshis) who became victims of the reign of terror imposed by the Pakistani Army and corrupt political leaders.

While deliberating on the Parliamentary resolution on POJK, Senior Advocate Sunil Sethi stated that it is not merely a Parliamentary document but a strong assertion of India's resolve to reclaim all territories illegally occupied by Pakistan. 
This includes Pakistan-Occupied Jammu and Kashmir (POJK), regions of Jammu and Kashmir under Chinese control, and the area illegally ceded by Pakistan to China.He aslo said that the creation of Pakistan Occupied Kashmir was not because of any rebellion from within the territory of India or from the people of PoJK at that time but it was because of external agression from Pakistan. 
 
In his address to the gathering, Captain Alok Bansal compared the democratic principles and freedom of speech available in Jammu and Kashmir to the dictatorial approach of Pakistan towards the residents of POJK. He stated that Pakistan treats the residents of POJK as second-class citizens and does not allow them to utilize their own resources. He further emphasized that the valuable assets and natural resources of POJK are being exploited by the Pakistani government and military establishment. He also provided insights into the demography, terrain, and administrative setup of POJK.
The event witnessed enthusiastic participation from legal professionals, scholars, media representatives, and civil society members. The interactive session allowed participants to engage in thought-provoking discussions with the experts.
The program was coordinated by Advocate Prem Sadotra and formal vote of thanks was delivered by Advocate Arvind Khajuria who expressed gratitude to the speakers and all participants and reaffirmed RAAG's commitment to legal research and advocacy on national issues.   
The seminar concluded with a Question & Answer session followed by high tea.                                      
The prominent lawyers who attended the event include Jammu Bar Association team including Baldev Singh Vice President, Pardeep Majotra Secretary, Anshu Mahajan Joint Secretary, Rahul Aggarwal Treasurer and Amandeep Sharma, President Young Lawyers Association and his team. Other prominent advocates who were present include Raghu Mehta Sr. Advocate, Advocate Dewakar Sharma, Advocate Hunar Gupta, Advocate Vishal Sharma DSGI, Senior Advocate Vikram Sharma, Advocate Ranjeet Singh Jamwal, Advocate Sudarshan Sharma , Advocate Subodh Jamwal, Advocate Vandana Sharma, Advocate  Ayush Sharma, Advocate Harshwardhan,  Advocate Ashwani Khajuria, Advocate Rakesh Sharma, , Advocate MP Singh Palli, Advocate Rajnish Raina, Advocate Deepali Arora, Advocate Sarfaraz Rather, Advocate Rajesh Thappa, Advocate Pawan Kundal,  Advocate , Advocate Madhvi Sambyal, Advocate Karan Prashar, Advocate Pawan Choudhry, Advocate Sanjeev Kohli, Advocate Saket Rathore, Advocate Aditya Raina, Advocate Chetan Prabhakar, Advocate Gaurav Jamwal Advocate Divyashan and others.
 

.

Learned Advocate Generals of J&K from 1950 to till Date

 Jammu & Kashmir has had a rich legal history, with several distinguished legal luminaries serving as Advocate Generals over the years. The Advocate General is the highest law officer of the state/UT, responsible for advising the government on legal matters and representing it in various judicial forums.

The Advocate General’s Organization, J&K, has released the official record of individuals who have held this prestigious position over the years. Below is the historical record of the Advocate Generals of Jammu & Kashmir State and Union Territory.  

.............

J&K High Court Orders Toll Tax Relief Amid Highway Construction

 Jammu, February 25, 2025 – The High Court of Jammu & Kashmir and Ladakh has ruled in favor of public interest by directing the authorities to reduce toll taxes at Lakhanpur and Bann Toll Plazas. The decision follows a petition filed by Sugandha Sawhney, who challenged the collection of toll fees on a highway under extensive construction. 

The petitioner argued that charging toll fees for an incomplete road project was unjust. The court noted that National Highway-44, spanning from Pathankot to Udhampur, is undergoing significant upgrades under the Delhi-Amritsar-Katra Expressway project. The judges highlighted the poor condition of the highway, citing frequent diversions, increased travel time, and additional fuel costs incurred by commuters. In a landmark decision, the court ordered: Immediate reduction of toll fees at Lakhanpur and Bann Toll Plazas to 20% of the earlier rates until the highway is fully operational.

Strict enforcement of a 60 km minimum distance rule between two toll plazas, leading to the potential removal of illegally placed toll booths. A review of all toll fees across J&K and Ladakh to ensure fairness. A ban on hiring individuals with criminal backgrounds at toll plazas.

The ruling comes after the government increased toll fees at key locations following the closure of Thandi Khui Toll Plaza. The court condemned the move, stating that the public should not bear additional financial burdens for an incomplete project. The judgment has been forwarded to the Union Ministry of Road, Transport, and Highways for immediate action.

This decision is expected to bring significant relief to thousands of daily commuters and pilgrims traveling to Vaishno Devi.

________________________________________________________________________________________________________________________

Copy of Judgement.

LOGO OF MY BLOG JKRTIACT.BLOGSPOT.COM

 

Petition Filed In NHRC Regarding 17 Mysterious Deaths in Rajouri

  RTI Activist Approaches NHRC to Intervene in Badhaal Village Health Crisis

Jammu, 24/Jan/2025: RTI Activist Raman Sharma has urged the National Human Rights Commission (NHRC) to intervene in the ongoing health crisis in Badhaal village, Rajouri district, where 17 people, including children, have tragically lost their lives since December 2024. The deaths are believed to be linked to water contamination caused by harmful pesticides or insecticides, leaving the affected families in deep distress.

Sharma has filed formal petition  to the NHRC on 23/Jan/2025 which has been allotted diary number 1614/IN/2025 , in petition, besides other demands, he has requested the commission to issue directions to the Union Health Ministry to assist the Jammu and Kashmir government in addressing the health crisis.

The petition  also demands immediate financial compensation for the grieving families, who are struggling emotionally and financially after these devastating losses. Sharma has stressed the need for medical and psychological support for the survivors, especially vulnerable children and the elderly.

 The plea highlights the urgency of NHRC’s involvement to expedite the investigation into the cause of these deaths, ensuring transparency and accountability. Sharma has also urged the NHRC to recommend preventive measures to avoid such tragedies in the future, including regular testing of water sources, awareness campaigns on chemical safety, and improved healthcare infrastructure in rural areas.

He has further requested that the NHRC depute a team to Rajouri to interact directly with the affected families and gather firsthand information. This will ensure that the Commission takes informed and decisive action to address the urgent needs of the community.

Sharma’s petition underscores the need for prompt intervention to safeguard the rights and well-being of vulnerable citizens in Jammu & Kashmir.

.

.