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Jammu & Kashmir High Court

S. Jaswinder Singh vs Union Of India And Others on 1 April, 2022

Bench: Chief Justice, Moksha Khajuria Kazmi

                                                                          Sr. No. 2



      HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                       ATJAMMU
CJ Court

Case: WP(C) PIL No. 4 of 2022

S. Jaswinder Singh                                       .....Appellant/Petitioner(s)

                                Through :- Sh. Parveen Kapahi, Advocate.
                         v/s

Union of India and Others                                         .....Respondent(s)
                                Through :- Sh Vishal Sharma, ASGI for respondent
                                           nos. 1 and 3.
                                           Sh. D. C. Raina, Advocate General with
                                           Sh. K. D. S. Kotwal, DY. AG for
                                           respondent no.2.

CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MS. JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE

                                   ORDER

01.04.2022 The petitioner in public interest has challenged the notification dated 10.09.2021 by which the matters relating to Debit Recovery Tribunal (DRT) of Union Territories of Jammu and Kashmir and Ladakh have been directed to be filed before the Debit Recovery Tribunal (DRT) Chandigarh Bench.

The submission is that it denies the public access to justice inasmuch as it is not possible to approach the DRT Chandigarh Bench for the people of Jammu and Kashmir and Ladakh. Thus, vesting the jurisdiction of DRT matters of Jammu and Kashmir and Ladakh to the Chandigarh Bench clearly deprives the public of Jammu and Kashmir and Ladakh to have access to the justice which is recognized to be a fundamental right.

Sh. Vishal Sharma, learned Assistant Solicitor General of India accepts notice on behalf of respondent nos. 1 and 3.

2 WP(C) PIL No. 4 of 2022

Sh. K. D. S. Kotwal, learned Deputy Advocate General accepts notice for respondent no.2.

They may seek instructions and file counter affidavit before the next date.

List on 3rd June 2022.




               (MOKSHA KHAJURIA KAZMI)                (PANKAJ MITHAL)
                                 JUDGE                 CHIEF JUSTICE
JAMMU
01.04.2022
Sunita.