MEENAKSHI SALATHIA Vs. STATE OF J&K & ORS.

JUDGEMENT

(1.) This writ petition is filed by the petitioner, who is an advocate practising in this Court and has been espousing the cause of public at large at different Forums keeping in view the interest of the legal fraternity and public at large with an aim to improve the accountability and efficiency of justice dispensation system towards people of the State and the quality of justice as well. The prayers made in the writ petition are as follows:-

(2.) Insofar as prayer Nos. (i) to (iv), learned Advocate General was directed to take notice and get instructions. Insofar as appointment of law officers, Public Prosecutors and Standing Counsels, it is answered by the answering respondents through counsel in the response filed before this Court on 28.04.2016 that the Jammu & Kashmir Law Officers (Appointment and Conditions of Service) Rules, 2016 are being followed and shall be followed both in letter and spirit regarding the aforesaid appointments. Learned Advocate General also assured this Court that the written undertaking before this Court will be fully complied with.

(3.) The said stand taken by the respondents is appreciable in light of the judgment of Honourable the Supreme Court rendered in Civil Appeal No. 3194 of 2016 (State of Punjab & Ors. Vs. Brijeshwar Singh Chahal & Ors.) dated 30.03.2016 wherein the Honourable Supreme Court issued directions to follow strict norms while appointing Law Officers, Public Prosecutors and Standing Counsels by the State Governments. In the said judgment, it was further held that the persons, who are serving on the date of the directions, can be allowed to continue till expiry of their tenure and for re-appointing the norms issued by the Supreme Court should be followed.