Jammu and Kashmir Gazette, No. 19, 08 August 2019

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REGD NO. JK––33

THE

JAMMU & KASHMIR GOVERNMENT GAZETTE

Printed at the Ranbir Government Press, Jammu.

190 The J&K Govt. Gazette, 8th Aug, 2019/17th Srav., 1941. [ No. 19 ––––––––––––––––––––––––––––––––––––––––––––––––—–––————

PART I-A

Jammu & Kashmir Government–Orders

––––––––

HIGH COURT OF JAMMU AND KASHMIR (Office of the Registrar General at Srinagar)

Subject :—Protocol for Recording Evidence of Vulnerable Witnesses.

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Notification

No. 42 Dated 29-05-2019.

The Chief Justice of High Court of Jammu and Kashmir is pleased to frame the following protocol for recording evidence of vulnerable witnesses in the State of Jammu and Kashmir :—

Preamble

The purpose of this protocol is to present guidelines and mandatory recommendations, to improve the response of the justice dispensation system to vulnerable witnesses¹

This protocol prescribes guidelines while recording depositions of vulnerable witnesses in order to enable them to give their best evidence in criminal proceedings. Each witness is unique and is to be handled accordingly. Some of the most challenging cases handled by judges during the course of their careers are those involving vulnerable witnesses as, what happened to or was witnessed by them, impact significantly on their quality of deposition and potentially outcome of a trial.

No. 19 ] The J&K Govt. Gazette, 8th Aug, 2019/17th Srav., 1941. 191 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––——— Vulnerable witnesses, find the criminal justice system, and particularly the courtroom experience, intimidating. Under these circumstances, a vulnerable witness would provide weak testimony and contribute less information than should have been elicited. Further, the lengthy process of navigating, the formal and adversarial criminal justice system can affect the vulnerable witnesses' psychological development and disable this sensitivity in significant and long-lasting, even permanent, ways.

To respond effectively to the needs of vulnerable witnesses the criminal justice system needs to respond proactively with sensitivity in an enabling and age appropriate manner, so that the trial process is less traumatic for them.

The judicial system has to strike a balance between protecting the accused person's right to a fair trial, and ensuring that witnesses who give evidence in the case are enabled to do so, to the best of their ability.

Objectives of this Protocol

This protocol, intended to further the ends of Justice, is designed with the following broad objectives :—

1. To elicit and secure complete, accurate and reliable evidence

from vulnerable witnesses ;

2. To minimize the harm or secondary victimization of vulnerable witnesses in anticipation and as a result of participation in the criminal justice system and to ensure their security ; and

3. To ensure that the accused person's right to a fair trial is

maintained.

1. Short Title, Applicability and Commencement.–

(i) This Protocol shall be called,—"Protocol for Recording

Evidence of Vulnerable Witnesses".

(ii) Unless otherwise provided, this Protocol shall govern the examination of vulnerable witnesses during trial who are victims or witnesses in any case. They shall apply to every court in Jammu and Kashmir.

(iii) The application of this protocol shall commence from the date

of notification of this Protocol.

2. Construction and Interpretation of the protocol.—This protocol shall be liberally construed and interpreted, in view of the extant 192 The J&K Govt. Gazette, 8th Aug, 2019/17th Srav., 1941. [ No. 19 ––––––––––––––––––––––––––––––––––––––––––––––––—–––———— laws, to uphold the interests of vulnerable witnesses and to promote their maximum accommodation without prejudice to the right of the accused to a fair trial and to further the ends of justice.

3. Definitions.—

(a) Vulnerable Witness.–means and includes :–

(i) any child witness who has not completed 18 years

of age ;

(ii) any victim of sexual violence ;

(iii) any material witness in a dangerous crime ;

(iv) such other witness as may be deemed vulnerable by the trial court for reasons therefor to be recorded in writing.

(b) Support Person - means and includes a guardian ad litem, a legal aid lawyer, facilitators, interpreters, translators and any other person appointed by court to provide support, accompany and assist the vulnerable witness to testify or to attend judicial proceedings.

(c) Best Interests of the Child - means circumstances and conditions most congenial to security, protection of the child and most encouraging to his physical, psychological and emotional development and shall also include available alternatives for safeguarding the growth and development of the child.

(d) Development Level - Development level refers to the specific growth phase in which most individuals, are expected to behave and function in relation to the advancement of their physical, socio economical, cognitive and moral abilities.

(e) In-Camera Proceedings - means criminal matters involving sexual violence or part thereof, criminal and civil cases wherein the public and press are not allowed to participate, for good reason as adjudged by the court or by law.

(f) Concealment of Identity of witness - means and includes any condition prohibiting publication of the name, address and other particulars which may lead to the identification of the witness.

(g) Comfort Items - Comfort items mean any article which shall have a calming effect on a vulnerable witness at the time of deposition and may include stuffed toy, blanket or book.

No. 19 ] The J&K Govt. Gazette, 8th Aug, 2019/17th Srav., 1941. 193 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––———

(h) Competence of a vulnerable Witness - Every vulnerable witness shall be competent to testify unless the court considers that they are prevented from understanding the questions put to them, or from giving rational answers to those questions due to tender years, disease, either of body or mind, or any other cause of the same kind.

Explanation :–A mentally ill person may also be held competent unless he is prevented by his mental condition to understand questions.

(i) Court House Tour - A pre-trial tour of court room to familiarize a vulnerable witness with the environment, the basic process of adjudication and roles of each court official.

(j) Descriptive Aids - A human figure model, anatomically correct dolls or a picture or anatomical diagrams or any other aids deemed appropriate to help a vulnerable witness to explain an act or a fact.

(k) Live Link - Live link means and includes a live television link, audio-video electronic means or other arrangement whereby a witness, while absent from the courtroom is nevertheless present in the court room by remote communication using technology to give evidence and be cross-examined.

(I) Special Measure- means and include the use of any mode, method and instrument, etc, considered necessary for providing assistance in recording deposition of vulnerable witnesses.

(m) Testimonial Aids- means and includes screens/ live links, image and/or voice altering devices or any other technical devices.

(n) Secondary Victimization- means victimization that occurs not as a direct result of a criminal act but through the response of institutions and individuals to the victim.

(o) Revictimization- means a situation in which a person suffers more than one criminal incident over a period of time.

194 The J&K Govt. Gazette, 8th Aug, 2019/17th Srav., 1941. [ No. 19 ––––––––––––––––––––––––––––––––––––––––––––––––—–––———— (p) Waiting Room - A safe place for vulnerable witnesses where they can wait before being called to depose It shall have toys, books, TV, etc. which can help them lower their anxiety.

4. Special Measures Direction.—The court shall direct as to which special measure will be used to assist a particular eligible witness in providing the best evidence. Directions may be discharged or varied during the proceedings, but will normally continue in effect until the proceedings are concluded, thus enabling the witness to know what assistance to expect.

5. Applicability of protocol to all vulnerable witnesses.— For the avoidance of doubt, it is made clear that these guidelines are to apply to any vulnerable witness including a child party, regardless of which party is seeking to examine such witness.

6. No adverse inference to be drawn from special measures.— The fact that a witness has had the benefit of a special measure to assist them in deposition shall not be regarded in any way whatsoever as being adverse to the position of the other side. This should be made clear to the parties by the judge at the time of passing order in terms of this protocol when the vulnerable witness is examined as also when the final judgment is pronounced.

7. Identification of Stress causing factors of adversarial Criminal Justice System.—Factors which cause stress on witnesses, rendering them further vulnerable witnesses, and impeding complete disclosure by them shall, amongst others, include :—

(i) Multiple depositions and not using developmentally appropriate

language.

(ii) Delays and continuances.

(iii) Testifying more than once.

(iv) Prolonged/protracted court proceedings.

(v) Lack of communication between professionals including police, doctors, lawyers, prosecutors, investigators, psychologists, etc.

(vi) Fear of public exposure.

(vii) Lack of understanding of complex legal procedures.

(viii) Face-to-face contact with the accused.

(ix) Practices that are insensitive to developmental needs.

No. 19 ] The J&K Govt. Gazette, 8th Aug, 2019/17th Srav., 1941. 195 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––———

(x) Inappropriate cross-examination.

(xi) Lack of adequate support and victims services.

(xii) Sequestration of witnesses who may be supportive to the

vulnerable witness.

(xiii) Placement that exposes the vulnerable witness to intimidation,

pressure, or continued abuse.

(xiv) Inadequate preparation for fearless and robust testifying.

(xv) Worry about not being believed especially when there is no evidence other than the testimony of the vulnerable witness.

(xvi) Formality of court proceedings and surroundings including formal dress of members of the judiciary and legal personnel.

8. Competency of vulnerable witness.— Every vulnerable witness shall be presumed to be qualified as a witness unless prevented by the following—

(a) age ;

(b) physical or mental disability leading to recording a finding of doubt regarding the ability of such witness to perceive, remember, communicate, distinguish, truth from falsehood or appreciate the duty to tell the truth, and/or to express the same.

Explanation :–The court shall conduct a competency examination before recording the testimony of such witness, or on an application of either prosecution or defence or suo motu.

9. Persons allowed at competency assessment.— Only the following persons are allowed to be in attendance for the competency assessment :—

(i) the judge and such court personnel deemed necessary and

specified by order of the judge concerned ;

(ii) the counsel for the parties ;

(iii) the guardian ad litem ;

196 The J&K Govt. Gazette, 8th Aug, 2019/17th Srav., 1941. [ No. 19 ––––––––––––––––––––––––––––––––––––––––––––––––—–––————

(iv) one or more support persons for the child ;

(v) the accused, unless the court determines that competence requires to be and can be fully evaluated in his absence ;and

(vi) any other person who in the opinion of the court can assist in

the competence assessment.

10. Conducting of competence assessment.—The assessment of a person as to his competence as a witness shall be conducted only by the presiding judge.

11. Developmentally appropriate questions.—The questions asked to assess the competency of the person shall be appropriate to his age and developmental level; shall not in any manner be related to the facts or issues at trial; and shall focus on the ability of the person to remember, communicate, distinguish between truth and falsehood, and appreciate the duty to testify truthfully.

12. Continuing duty to assess competence.—The court has the duty of continuously assessing the competence of the vulnerable witnesses throughout their testimony and to pass appropriate orders, as and when deemed necessary.

13. Pre-trial visit of Witnesses to the Court.—Vulnerable witnesses shall be allowed a pre-trial court visit along with the support person to enable such witnesses to familiarise themselves with the layout of the court, and may include visit to and explanation of the following :—

(i) the location of the defendant/ accused in the dock ;

(ii) court officials (what their roles are and where they sit) ;

(iii) who else might be in the court, for example those permitted

in the public gallery ;

(iv) the location of the witness box ;

(v) a run-through of basic court procedure ;

(vi) the facilities available in the court ;

(vii) discussion of any particular fears or concerns with the intermediaries, prosecutors and the judge to dispel the fear, trauma and anxiety in connection with the prospective deposition at court ;

No. 19 ] The J&K Govt. Gazette, 8th Aug, 2019/17th Srav., 1941. 197 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––——— (viii) demonstration of any special measures applied for and/or granted, for example practising on the live link and explaining who will be able to see them in the courtroom, and showing the use of screens (where it is practical and convenient to do so).

14. Meeting the judge.—The Judge may meet a vulnerable witness suo motu on reasons to be recorded or on an application of either party in the presence of the prosecution/plaintiff and defence lawyer/defendant or in their absence before they give evidence, for explaining the court process in order to help them in understanding the procedure and giving their best evidence.

15. Appointment of Guardian ad litem.—The court may, in an appropriate case, appoint any person as a guardian ad litem, as per law to a witness who is a victim of or a witness to a crime or in any case having regard to his best interests after considering the background of the guardian ad litem and his familiarity with the judicial process, social service programs, and human development. If the witness is a child, preference would be given for appointment of a guardian ad-litem to the parents of the child, if qualified. The guardian ad litem may be a member of bar/practicing advocate, except a person who is a witness in any proceeding involving the vulnerable witness.

16. Duties of guardian ad litem.—It shall be the duty of the guardian ad litem of the vulnerable witness who is so appointed by court to :

(i) attend all depositions, hearings, and trial proceedings in which

the vulnerable witness participates ;

(ii) make recommendations to the court concerning the welfare of the vulnerable witness keeping in view the needs of the witness and observing the impact of the proceedings on him ;

(iii) explain in a language understandable to the vulnerable witness, all legal proceedings, including police investigations, in which he is involved ;

(iv) assist the vulnerable witness and his family in coping with the emotional effects of participating in any case/proceedings, especially a crime and subsequent criminal or non-criminal proceedings in which the witness is involved ;

(v) remain with the vulnerable witness while the vulnerable witness

waits to testify ;

198 The J&K Govt. Gazette, 8th Aug, 2019/17th Srav., 1941. [ No. 19 ––––––––––––––––––––––––––––––––––––––––––––––––—–––———— 17. Legal assistance.—A vulnerable witness may be provided with legal assistance by the court, if the court considers the assignment of a lawyer to be in the best interests of the witness, throughout the justice process in the following instances :

(a) at the request of the support person, if one has been

designated ;

(b) pursuant to an order of the court on its own motion¹

18. Court to allow presence of support persons.—

(a) A court shall allow suo motu or on request, verbal or written, to a vulnerable witness testifying at a judicial proceeding to have the presence of one person of his own choice to provide him support who shall within the view and if the need arise may accompany the witness to the witness stand, or in the deposition room, provided that such support person shall not completely obscure the witness from the view of the opposing party or the judge².

(b) The court may allow the support person to hold the hand of the vulnerable witness or take other appropriate steps to provide emotional support to the vulnerable witness in the course of the proceedings.

(c) The court shall instruct the support persons not to prompt, sway, or influence the vulnerable witness during his testimony. The support person shall also be directed that he/she shall in no circumstances discuss the evidence to be given by the vulnerable witness.

(d) Where no other suitable person is available, only in very rare cases should another witness in the case be appointed as a support person. The court shall ordinarily appoint a neutral person, other than a parent, as a support person. It is only in exceptional circumstances keeping the condition of the vulnerable witness in mind, that the court should appoint a parent as a support person.

No. 19 ] The J&K Govt. Gazette, 8th Aug, 2019/17th Srav., 1941. 199 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––——— 19. The testimony of support person to be recorded prior.— Testimony of such support person if the support person also happens to be a witness shall be recorded, ahead of the testimony of the vulnerable witness.

20. Court to appoint facilitator.— To assist the vulnerable witnesses in effectively communicating at various stages of trial and or to co-ordinate with the other stake holders such as police, medical officer, prosecutors, psychologists, defence counsels and courts, the court shall allow use of facilitators.

The court may, suo motu or upon an application presented by either party or a support person of vulnerable witnesses, appoint a facilitator if it determines that such witness is finding it difficult to understand or respond to questions asked.

Explanation :—(i) The facilitator may be an interpreter, a translator,child psychologist, psychiatrist, social worker, guidance counselor, teacher, parent, or relative of such witness who shall be under oath to pose questions according to meaning intended by the counsel, or the court.

(ii) If the court appoints a facilitator, the respective counsels for the parties shall pose questions to the vulnerable witness only through the facilitator, either in the words used by counselor, if the vulnerable witness is not likely to understand the same, in words or by such mode as is comprehensible to the vulnerable witness and which convey the meaning intended by counsel.

21. Right to be informed.—A vulnerable witness, his or her parents or guardian, his or her lawyer, the support person, if designated, or other appropriate person designated to provide assistance shall, from their first contact with the court process and throughout that process, be promptly informed by the Court about the stage of the process and, to the extent feasible and appropriate, about the following :

(a) procedures of the justice process including the role of vulnerable witnesses, the importance, timing and manner of testimony. and the ways in which proceedings will be conducted during the trial ;

200 The J&K Govt. Gazette, 8th Aug, 2019/17th Srav., 1941. [ No. 19 ––––––––––––––––––––––––––––––––––––––––––––––––—–––———— (b) existing support mechanisms for a vulnerable witness when participating in proceedings, including making available appropriate person designated to provide assistance ;

(c) specific time and places of hearings and other relevant

events ;

(d) availability of protective measures ;

(e) where the vulnerable witness is a child, of the relevant rights of child victims and witnesses pursuant to applicable laws, the Convention on the Rights of the Child and other international legal instruments, including the Guidelines and the Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power, adopted by the General Assembly in its resolution 40/34 of 29 November 1985 ;

(f) the progress and disposition of the specific case, including in a criminal case the apprehension, arrest and custodial status of the accused and any pending changes to that status, the prosecutorial decision and relevant post-trial developments and the outcome of the case.

22. Language, interpreter and other special assistance

measures.—

(i) the court shall ensure that proceedings relevant to the testimony of a vulnerable witness are conducted in language that is simple and comprehensible to the witness.

(ii) if vulnerable witness needs the assistance of interpretation into a language or mode that the witness understands, an interpreter shall be provided free of charge¹.

(iii) if, in view of the child's age, level of maturity or special individual needs of a witness which may include but are not limited to disabilities if any, ethnicity, poverty or risk of revictimization, the witness requires special assistance measures in order to testify or participate in the justice process, such measures shall be provided free of charge².

No. 19 ] The J&K Govt. Gazette, 8th Aug, 2019/17th Srav., 1941. 201 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––———

23. Waiting area for vulnerable witness.—The courts shall

ensure that a waiting area for vulnerable witnesses with the support

person, lawyer of the witness, facilitation, if any, is separate from

waiting areas used by other persons. The waiting area for vulnerable

witnesses should be furnished so as to make a vulnerable witness

comfortable.

24. Duty to provide comfortable environment for deposition.—

It shall be the duty of the court to ensure comfortable environment for

the vulnerable witness by issuing directions and also by supervising, the

location, movement and deportment of all persons in the courtroom

including the parties, their counsels, vulnerable witnesses, support

persons, guardian ad litem, facilitator, and court personnel. The

vulnerable witness may be allowed to testify from a place other than

the witness chair. The witness chair or other place from which the

vulnerable witness testifies may be turned to facilitate his testimony but

the opposing party and his counsel must have a frontal or profile view

of the vulnerable witness even by a video link, during the testimony of

the vulnerable witness. The witness chair or other place from which the

vulnerable witness testifies may also be rearranged to allow the

vulnerable witness to see the opposing party and his counsel, if he

chooses to look at them, without turning his body or leaving the witness

stand. While deciding to make available such environment, the judge may

be dispensed with from wearing his judicial robes.

25. Testimony during appropriate hours.—The court may order

that the testimony of the vulnerable witness should be taken during a

time of day when the vulnerable witness is well-rested.

26. Recess during testimony.—The vulnerable witness may be

allowed reasonable periods of relief while undergoing depositions as

often as necessary depending on his developmental need¹.

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202 The J&K Govt. Gazette, 8th Aug, 2019/17th Srav., 1941. [ No. 19 ––––––––––––––––––––––––––––––––––––––––––––––––—–––———— 27. Measures to protect the privacy and well-being of vulnerable witnesses.—(1) At the request of a vulnerable witness, parents of child witness or guardian, his or her lawyer, the support person, other appropriate person designated to provide assistance, or the court on its own motion, taking into account the best interests of the vulnerable witness, may order one or more of the following measures to protect the privacy and physical and mental well-being of the vulnerable witness and to prevent undue distress and secondary victimizatlon :—

(a) expunging from the public record any names, addresses, workplaces, professions or any other information that could be used to identify the vulnerable witness¹ ;

(b) forbidding the defence lawyer and persons present in court room from revealing the identity of the vulnerable witness or disclosing any material or lnformation that would tend to identify the vulnerable witness ;

(c) ordering the non-disclosure of any records that identify the vulnerable witness, until such time as the court may find appropriate ;

(d) assigning a pseudonym or a number to a vulnerable witness, in which case the full name and date of birth of the child shall be revealed to the accused within a reasonable period for the preparation of his or her defence ;

(e) efforts to conceal the features or physical description of the vulnerable witness giving testimony or to prevent distress or harm to the vulnerable witness, including testifying² :

(i) behind screen ;

(ii) using image- or voice-altering devices ;

(iii) through examination in another place, transmitted simultaneously

to the courtroom by means of video link ;

(iv) through a qualified and suitable intermediary, such as, but not limited to, an interpreter for vulnerable witness with mental, hearing, sight, speech or other disabilities ;

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No. 19 ] The J&K Govt. Gazette, 8th Aug, 2019/17th Srav., 1941. 203 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––———

(f) holding closed sessions;

(g) if the vulnerable witness refuses to give testimony in the presence of the opposite party or the accused or if circumstances show that the vulnerable witness may be inhibited from speaking the truth in that person's presence, the court shall give orders to temporarily remove the opposite party or the accused from the courtroom to an adjacent room with a video link or a one way mirror visibility into the court room. In such cases, the defence lawyer shall remain in the courtroom and question the vulnerable witness/ and the opposite party's or accused's right of confrontation shall thus be guaranteed.

(h) taking any other measure that the court may deem necessary, including, where applicable, anonymity, taking into account the best interests of the vulnerable witness and the rights of the accused.

(2) Any information including name, parentage, age, address, etc. revealed by the vulnerable witness which enables identification of the person of the vulnerable witness, shall be kept in a sealed cover on the record and shall not be made available for inspection to any party or person. Certified copies thereof shall also not be issued. The reference to the vulnerable witness shalt be only by the pseudonym assigned in the case.

28. Directions for Judges.—(i) Vulnerable witnesses shall receive high priority and shall be handled as expeditiously as possible, minimizing unnecessary delays and continuances to avoid repeated appearance of the witness in the Court. (Whenever necessary and possible, the court schedule will be altered to ensure that the testimony of the vulnerable witness is recorded on sequential days, without delays.)¹

(ii) Judges and court administrators should ensure that the developmental needs of vulnerable witnesses are recognized and accommodated in the arrangement of the courtroom.

(iii) Separate and safe waiting areas and passage thereto should

be provided for vulnerable witnesses.

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204 The J&K Govt. Gazette, 8th Aug, 2019/17th Srav., 1941. [ No. 19 ––––––––––––––––––––––––––––––––––––––––––––––––—–––———— (iv) Judges should ensure that the developmental stages and needs of vulnerable witnesses are identified, recognized and addressed throughout the court process by requiring usage of appropriate language, by timing hearings and testimony to meet the attention span and physical needs of such vulnerable witnesses by allowing the use of testimonial aids as well as interpreters, translators, when necessary.

(v) Judges should be flexible in allowing the vulnerable witnesses to have a support person present while testifying and should guard against unnecessary sequestration of support persons.

(vi) Hearings involving a vulnerable witness may be scheduled on days/time when the witness is not inconvenienced or is not disruptive to routine/ regular schedule of vulnerable witness.

29. Allowing proceedings to be conducted in camera (i) When a vulnerable witness testifies, the court may order the exclusion from the courtroom of all persons, who do not have a direct interest in the case including members of the press. Such an order may be made to protect the right to privacy of the vulnerable witness or if the court determines on the record that requiring the vulnerable witness to testify in open court would cause psychological harm to him, hinder the ascertainment of truth, or result in his inability to effectively communicate due to embarrassment, fear, or timidity.

(ii) In making its order, the court shall consider the developmental level of the vulnerable witness, the nature of the crime, the nature of his testimony regarding the crime, his relationship to the accused and to persons attending the trial, his desires, and the interests of his parents or legal guardian.

(iii) The court may, motu proprio, exclude the public from the courtroom if the evidence to be produced during trial is of such character as to be distressing, personal, offensive to decency or public morals.¹

No. 19 ] The J&K Govt. Gazette, 8th Aug, 2019/17th Srav., 1941. 205 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––——— (b) In order to take a decision of usage of a live-link the judge may question the vulnerable witness in chambers, or in some comfortable place other than the courtroom, in the presence of the support person, guardian ad litem, prosecutor, and counsel for the parties. The questions of the judge shall not be related to the issues at trial but to the feelings of the vulnerable witness about testifying in the courtroom.

(c) The court on its own motion, if deemed appropriate, may pass orders in terms of (a) or any other suitable directions for recording the evidence of a vulnerable witness.

31. Provision of screens, one-way mirrors, and other devices to vulnerable witness from accused/opposite party.—The court may suo motu or on an application made even by the prosecutor or the guardian ad litem order that the chair of the vulnerable witness or that a screen or other device be placed in the courtroom in such a manner that the vulnerable witness cannot see the opposite party/accused while testifying and at the same time ensuring that the opposite party/accused is in a position to hear the statement of the vulnerable witness and communicate with his advocate. The court shall issue an order stating the reasons and describing the approved courtroom arranqernent.¹

32. Factors to be considered while considering the application under Guide lines in 30 & 31.—The court may order that the testimony of the vulnerable witness be taken by live-link television if there is a substantial likelihood that the vulnerable witness would not provide a full and candid account of the evidence if required to testify in the presence of the accused/opposite party, his counsel or the prosecutor as the case may be.

The order granting or denying the use of live-link television shall

state the reasons therefor and shall consider the following :

(i) the age and level of development of the vulnerable witness ;

(ii) his physical and mental health, including any mental or physical

disability ;

(iii) any physical, emotional, or psychological harm related to the case on hand or trauma experienced by the vulnerable witness ;

206 The J&K Govt. Gazette, 8th Aug, 2019/17th Srav., 1941. [ No. 19 ––––––––––––––––––––––––––––––––––––––––––––––––—–––———— (iv) the nature of the alleged offence/case and circumstances of

its commission ;

(v) any threats against the vulnerable witness ;

(vi) his relationship with the accused or opposite party ;

(vii) his reaction to any prior encounters with the accused/opposite

party in court or elsewhere ;

(viii) his reaction prior to trial when the topic of testifying was

discussed with him by parents or professionals ;

(ix) specific symptoms of stress exhibited by the vulnerable

witness in the days prior to testifying ;

(x) testimony of expert or lay witnesses ;

(xi) the custodial situation of the vulnerable witness and the attitude of the members of his family regarding the events about which he will testify ; and

(xii) other relevant factors, such as court atmosphere and

formalities of court procedure.

33. Mode of questioning.—To facilitate the ascertainment of the truth the court shall exercise control over the questioning of vulnerable witness.

(i) ensure that questions are stated in a form appropriate to the

developmental level of the vulnerable witness ;

(ii) protect vulnerable witness from harassment, undue embarrassment, character assassination, aggressive questioning and ensure that dignity of the witness is maintained at all times during the trial¹ ;

(iii) avoid waste of time by declining questions which the court considers unacceptable due to their being improper, unfair, misleading, needless, repetitive or expressed in language that is too complicated for the witness to understand ;

(iv) the court may allow the vulnerable witness to testify in a

narrative form ;

(v) questions shall be put to the witness only through the court.²

No. 19 ] The J&K Govt. Gazette, 8th Aug, 2019/17th Srav., 1941. 207 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––——— 34. Rules of deposition to be explained to the Witnesses.—The court shall explain to a vulnerable witness to listen carefully to the questions and to tell the whole truth, by speaking loudly and not to respond by shaking head in yes or no and also to specifically state that the witness does not remember where he has forgotten something and to clearly ask when the question is not understood.

A gesture by a vulnerable witness to explain what had happened shall be appropriately interpreted and recorded in the vulnerable witness' deposition.

35. Objections to questions.—Objections to questions should be couched in a manner so as not to mislead, confuse, frighten a vulnerable witness.

36. Allow questions in simple language.—The court to allow the questions to be put in simple language avoiding slang, esoteric, jargon, proverbs, metaphors and acronyms. The court must not allow the question carrying words capable of two-three meanings, questions having use of both past and present in one sentence, or multiple questions which is likely to confuse a witness. Where the witness seems confused instead of repetition of the same question, the court should direct for its re-phrasing.

Explanation :—(i) The reaction of vulnerable witness shall be treated as sufficient clue that the question was not clear so it shall be rephrased and put to the witness in a different way.

(ii) Given the witness developmental level, excessively long questions shall be required to be rephrased and thereafter put to witness.

(iii) Questions framed as compound or complex sentence structure; or two part questions or those containing double negatives shall be rephrased and thereafter put to witness.

37. Testimonial aids.—The court shall permit a vulnerable

witnessto use testimonial aids as defined in the definition clause.

38. Protection of privacy and safety.—(a) Confidentiality of records.-Any record regarding a vulnerable witness shall be confidential and kept under seal. Except upon written request and order of the court, the record shall only be made available to the following :—

(i) Members of the court staff for administrative use ;

208 The J&K Govt. Gazette, 8th Aug, 2019/17th Srav., 1941. [ No. 19 ––––––––––––––––––––––––––––––––––––––––––––––––—–––————

(ii) The Public Prosecutor for inspection ;

(iii) Defence counsel for inspection ;

(iv) The guardian ad litem for inspection ;

(v) Other persons as determined by the court.

(b) Protective order.—The depositions of the vulnerable witness recorded by videolink shall be video recorded except under reasoned order requiring the special measures by the judge. However where any video or audio recording of a vulnerable witness is made, it shall be under a protective order that provides as follows :—

(i) A transcript of the testimony of the vulnerable witness shall be prepared and maintained on record of the case. Copies of such transcript shall be furnished to the parties of the case ;

(ii) Recording may be viewed only by parties, their counsel, their

expert witness, and the guardian ad litem ;

(iii) No person shall be granted access to the recording, or any part thereof unless he signs a written affirmation that he has received and read a copy of the protective order; that he submits to the jurisdiction of the court with respect to the protective order; and that in case of violation thereof, he will be subject to the contempt power of the court ;

(iv) Any recording, if made available to the parties or their counsel,

shall bear the following cautionary notice :—

"This object or document and the contents thereof are subject to a protective order issued by the court in (case title), (case number). They shall not be examined, inspected, read, viewed, or copied by any person, or disclosed to any person, except as provided in the protective order. No additional copies of the tape or any of its portion shall be made, given, sold, or shown to any person without prior court order. Any person violating No. 19 ] The J&K Govt. Gazette, 8th Aug, 2019/17th Srav., 1941. 209 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––———

such protective order is subject to the contempt power of the court and other penalties prescribed by law ;

(v) No recording shall be given, loaned, sold, or shown to any

person except as ordered by the court ;

(vi) This protective order shall remain in full force and effect until

further order of the court.

(c) Personal details during evidence likely to cause threat to physical safety of vulnerable witness to be excluded. A vulnerable witness has a right at any court proceeding not to testify regarding personal identifying information, including his name, address, telephone number, school, and other information that could endanger his physical safety or his family. The court shall ensure the protection of this right of the witness. The court may, however, require the vulnerable witness to testify regarding personal identifying information in the interest of justice.¹

(d) Destruction of video and audio recording—Any video or audio recording of a vulnerable witness produced under the provisions of these guidelines or otherwise made part of the court record shall be destroyed as per rules formed by the Jammu and Kashmir High Court.

39. Protective measures.—At any stage in the justice process where the safety of a vulnerable witness is deemed to be at risk, the court shall arrange to have protective measures put in place for the vulnerable witness. Those measures may include the following :

(a) avoiding direct or indirect contact between a vulnerable witness and the accused/opposite party at any point in the justice process ;

–––––––––––––––––––––––––––––––––––––––––––––––––––––

210 The J&K Govt. Gazette, 8th Aug, 2019/17th Srav., 1941. [ No. 19 ––––––––––––––––––––––––––––––––––––––––––––––––—–––————

(b) restraint orders ;

(c) a pre-trial detention order for the accused in a criminal case or with restraint or "no contact" order in any case or bail conditions which may be continued during trial ;

(d) protection for a vulnerable witness by the police or other relevant agencies and safeguarding the whereabouts of the vulnerable witness from disclosure ;

(e) any other protective measures that may be deemed appropriate.

(Sd.) SANJAY DHAR,

Registrar General.

THE JAMMU AND KASHMIR GOVERNMENT GAZETTE –––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 132] Jammu, Thu., the 8th Aug., 2019/17th Srav., 1941. [ No. 19 –––––––––––––––––––––––––––––––––––––––––––––––––––––– Separate paging is given to this part in order that it may be filed as a separate compilation –––––––––––––––––––––––––––––––––––––––––––––––––––––– PART I––B

Jammu and Kashmir Government—Notifications.

––––

GOVERNMENT OF JAMMU AND KASHMIR, CIVIL SECRETARIAT—REVENUE DEPARTMENT.

Notification No. 39 Rev (LAJ) of 2019

Dated 19-03-2019.

Whereas, the land specifications whereof are given below is required for public purpose viz. for construction of road from Basohli to Bani in Village Dharore, Tehsil Bani, District Kathua by GREF ;

Specifications of land

District Tehsil Village Kh. Nos. Area ––––––––––––––––––––––––––––––––––––––––––––––––––––––

1 2 3 4 5

—————————————————————————————

K. M. Kathua Bani Dharore 120 06–14

121 02–05 252 The J&K Govt. Gazette, 8th Aug., 2019/17th Srav., 1941. [No. 19 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

1 2 3 4 5 —————————————————————————————

K. M.

122 05–5½

168 02–06

237/172 04–07

234/173 00–19½

235/173 04–08 –––––

Total 26–05

–––––

Whereas, on the basis of an indent placed by Officer Commanding EE(Civ) 69, RCC(GREF) vide No. 2081/BB/LA/148/E2 dated 15-01-2013, a notification under section 4(1) was issued by Collector, Land Acquisition (SDM), Bani vide No. SDMB/LA/07-13 dated 19-04-2018 for land measuring 26 Kanals and 05 Marlas, situated in Village Dharore, Tehsil Bani, District Kathua ;

Whereas, the Collector, Land Acquisition (SDM), Bani vide No. SDM/B/LA/95 dated 26-10-2018 has reported that the notification issued under section 4(1) of the J&K State Land Acquisition Act was served upon the interested persons for filing objections, if any, to the proposed acquisition, but no objection was received from the land owners/interested persons in the prescribed time period as required under sections 5 & 5-A of the Land Acquisition Act ;

Whereas, the report furnished by Collector, Land Acquisition (SDM), Bani vide No. referred to above, duly endorsed by the District Collector (DC), Kathua vide No. DCK/LA/2018-19/967-71 dated 06-12-2018, Divisional Commissioner, Jammu vide No. 502/2933/Dharore/GREF/Bani/ Kathua/18/4122-24 dated 26-12-2018 and by Financial Commissioner, Revenue vide No. FC-LS/LA-4798/2019 dated 22-01-2019 has been examined and it has been found that the land owners did not file any objection to the proposed acquisition ;

Whereas, the Government is satisfied that the land particulars whereof are given above is required for public purpose viz. for construction of road from Basohli to Bani in Village Dharore, Tehsil Bani, District Kathua by

GREF.

No. 19] The J&K Govt. Gazette, 8th Aug., 2019/17th Srav., 1941. 253 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Now, therefore, in pursuance of section 6 of the J&K State Land Acquisition Act, Samvat 1990, it is declared that land measuring 26 Kanals and 05 Marlas situated in Village Dharore, Tehsil Bani, District Kathua, particulars whereof are given above is required for public purpose viz. for construction of road from Basohli to Bani in Village Dharore, Tehsil Bani, District Kathua by GREF. Further, the Collector, Land Acquisition (ACR), Kathua is directed under section 7 of the said Act to take order for acquisition of the said land after giving prescribed notice to the interested person(s) as required under the Land Acquisition Act/Rules.

However, the Collector concerned shall be personally responsible for identification and proper title verification of all types of land involved in the case and apportionment of compensation amongst all the interested persons/ rightful claimants in accordance with the relevant laws/rules in force, while making the award.

(Sd.) SHAHID ANAYATULLAH, IAS,

Commissioner/Secretary to Government, Revenue Department.

————

JAMMU AND KASHMIR PUBLIC SERVICE COMMISSION SOLINA, SRINAGAR-190001.

Subject :—Jammu and Kashmir Civil Service (Judicial) [Mains] Examination,

2018-Declaration of result thereof.

Reference :—Decision of the Commission in its 20th Extraordinary Meeting

dated 20-06-2019.

————

Notification No. PSC/Exam/44/2019

Dated 20-06-2019.

In pursuance of Jammu and Kashmir Civil Service (Judicial) Recruitment Rules,1967 read with SRO No. 5 dated 04-01-1968, SRO-254 of 2017 dated 20-06-2017, J&K Public Service Commission (Conduct of Examination) Rules, 2005 amended up-to-date and on the basis of the results of the Written Examination, held by the J&K Public Service Commission from 23-03-2019 to 04-04-2019, the candidates with Roll Numbers as per

Annexure-A to this notification have qualified for Personality Test/

Viva-voce for selection against the posts of Civil Judge (Junior Division)/

Munsiffs.

254 The J&K Govt. Gazette, 8th Aug., 2019/17th Srav., 1941. [No. 19 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Candidature of these candidates is provisional subject to their being found eligible in all respects. The candidates will be required to produce the original certificates in support of their claims pertaining to age, education/ professional qualifications, category etc. at the time of their Personality Test/Viva-voce. They are, therefore, advised to keep the said documents ready with them.

Personality Test/ Viva-voce of these candidates shall be held not earlier than 15 days from the date of declaration of result of written examination, in the office of the J&K Public Service Commission at Solina, Srinagar. The e-Summon Letter of Personality Test/Viva-voce of candidates being called for Interview may be downloaded from the Commission's website http:// www.jkpsc.nic.in from 05-07-2019. The candidates who are not able to download e-Summon Letter for Personality Test/Viva-voce, should immediately contact the Office of the Commission either Srinagar or Jammu. No paper Summon Letter will be issued for the Personality Test/ Viva-voce by the Commission. The date and time of Personality Test/Viva- voce will not be intimated to the qualified candidates individually.

No request for change in the date and time of the Personality Test/

Viva-voce intimated to the candidates will be entertained.

At the time of filling up of the Application Forms, all the particulars were not obtained from the candidates. Accordingly, all the candidates, who have qualified for Personality Test/Viva-voce, are requested to fill up the Detailed Application Form (DAF), forming Annexure-B to this notification which shall be uploaded separately, and submit the same through mail at [email protected] by or before 02-07-2019.

No request for any type of change/modification of information already

supplied in DAF would be entertained by the Commission.

The mark sheets of all the candidates who appeared in the Written Examination will be put on the Commission's website i. e. www.jkpsc.nic.in within one month from the date of publication of the final result and will remain available on the website for a period of 30 days.

This is subject to the outcome of writ petition(s), if any, pending disposal

before Court(s) of Law.

(Sd.) SHABIR HUSSAIN KEEN, KAS,

Controller of Examinations,

J&K Public Service Commission.

————

No. 19] The J&K Govt. Gazette, 8th Aug., 2019/17th Srav., 1941. 255 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Annexure-'A'

S. Roll      S.   Roll     S.  Roll      S.   Roll     S.   Roll
No.  No.     No.  No.      No.  No.      No.  No.      No.   No.
————————————————————————————––––––––––
 1. 9000034  34. 9000762   67. 9001435   100. 9001901  133. 9002454
 2. 9000051  35. 9000794   68. 9001449   101. 9001914  134. 9002462
 3. 9000052  36. 9000801   69. 9001517   102. 9001923  135. 9002493
 4. 9000093  37. 9000859   70. 9001518   103. 9001948  136. 9002496
 5. 9000133  38. 9000873   71. 9001520   104. 9001959  137. 9002503
 6. 9000193  39. 9000883   72. 9001524   105. 9002032  138. 9002506
 7. 9000198  40. 9000969   73. 9001536   106. 9002040  139. 9002507
 8. 9000207  41. 9000983   74. 9001547   107. 9002044  140. 9002540
 9. 9000215  42. 9000989   75. 9001559   108. 9002047  141. 9002549
10. 9000219  43. 9000990   76. 9001569   109. 9002059  142. 9002558
11. 9000225  44. 9000998   77. 9001590   110. 9002060  143. 9002582
12. 9000293  45. 9001008   78. 9001688   111. 9002064  144. 9002591
13. 9000299  46. 9001036   79. 9001690   112. 9002067  145. 9002603
14. 9000316  47. 9001135   80. 9001696   113. 9002074  146. 9002612
15. 9000321  48. 9001144   81. 9001719   114. 9002087  147. 9002664
16. 9000353  49. 9001146   82. 9001723   115. 9002101  148. 9002701
17. 9000376  50. 9001191   83. 9001741   116. 9002125  149. 9002704
18. 9000388  51. 9001204   84. 9001751   117. 9002165  150. 9002715
19. 9000405  52. 9001223   85. 9001754   118. 9002195  151. 9002731
20. 9000460  53. 9001241   86. 9001758   119. 9002196  152. 9002741
21. 9000503  54. 9001245   87. 9001764   120. 9002220  153. 9002768
22. 9000593  55. 9001293   88. 9001767   121. 9002239  154. 9002777
23. 9000595  56. 9001309   89. 9001770   122. 9002272  155. 9002819
24. 9000597  57. 9001310   90. 9001773   123. 9002296  156. 9002832
25. 9000615  58. 9001330   91. 9001824   124. 9002321  157. 9002852
26. 9000617  59. 9001358   92. 9001830   125. 9002330  158. 9002855
27. 9000633  60. 9001360   93. 9001847   126. 9002360  159. 9002870
28. 9000647  61. 9001376   94. 9001874   127. 9002379  160. 9002872
29. 9000692  62. 9001397   95. 9001875   128. 9002385  161. 9002883
30. 9000719  63. 9001399   96. 9001876   129. 9002391  162. 9002981
31. 9000728  64. 9001403   97. 9001889   130. 9002392
32. 9000737  65. 9001421   98. 9001893   131. 9002420
33. 9000741  66. 9001425   99. 9001896   132. 9002423

(Sd.) SHABIR HUSSAIN KEEN, KAS,

Controller of Examinations, J&K Public Service Commission.

–––––––

256 The J&K Govt. Gazette, 8th Aug., 2019/17th Srav., 1941. [No. 19 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

GOVERNMENT OF JAMMU AND KASHMIR, CIVIL SECRETARIAT—FINANCE DEPARTMENT (BUDGET DIVISION).

Subject :—Release of funds to the Ladakh Affairs Department/Council

Head-8448.

————

Addendum to Government Order No. 5-FD of 2018 dated 02-01-2019

The following words shall be added at the end of Para '8' of

Government Order No. 5-FD of 2019 dated 02-01-2019 issued under

endorsement No. FD-VII-5(42)LA/STD/2017 dated 02-01-2019 :—

"This shall also not be applicable to releases relating to Election Process

authorized by Chief Electoral Officer, J&K."

By order of the Government of Jammu and Kashmir.

(Sd.) ARUN KUMAR MEHTA, IAS,

Principal Secretary to Government,

Finance Department.

THE

JAMMU AND KASHMIR GOVERNMENT GAZETTE

–––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 132] Jammu, Thu., the 8th August, 2019/17th Srav., 1941. [ No. 19 –––––––––––––––––––––––––––––––––––––––––––––––––––––– Separate paging is given to this part in order that it may be filed as a separate compilation. –––––––––––––––––––––––––––––––––––––––––––––––––––––– PART II––A

Orders by Heads of Departments. ––––––

CHARGE REPORTS

In pursuance to Administrative Department, Animal/Sheep Husbandry Department, Civil Sectt., J&K, Jammu's letter No. ASH/SH/19/2017 dated 30-01-2018 and endorsed by Director, Sheep Husbandry Department, Jammu's vide No. DSHJ/Estt-Gaz/F-07/2017-18/9800-9802 dated 30-01-2018, I hereby assume the charge of the post of Joint Director (Farms), Sheep Husbandry Department, Jammu today on 30-01-2018 (A. N).

(Sd.) DR. MOHAMMAD RAZA,

Joint Director (Farms), Sheep Husbandry Department, Jammu.

–––––––

38 The J&K Govt. Gazette, 8th August, 2019/17th Srav., 1941. [No. 19 –––––––––––––––––––––––––––––––––––––––––––––––––––––– In pursuance of Government Order No. 37-FST of 2018 dated 07-02-2018, issued under endorsement No. FST/Ser/16/2018 dated 07-02-2018, we the undersigned respectively hand over and take over the charge of Addl. Principal Chief Conservator of Forests, Central and Chief

Conservator of Forests, PCA today the 8th February, 2018 afternoon.

(Sd.) DR. MOHIT GERA, IFS.

Relieved Officer.

(Sd.) ABDUL GANI, IFS.

Relieving Officer.

THE

JAMMU & KASHMIR GOVERNMENT GAZETTE

Vol. 132] Jammu, Thu., the 8th August, 2019/17th Srav., 1941. [ No.19

Separate paging is given to this part in order that it may be filed as a separate compilation.

PART II—B

Notifications, Notices and Orders by the Heads of Departments.

———–

GOVERNMENT OF JAMMU AND KASHMIR,

OFFICE OF THE COLLECTOR, LAND ACQUISITION,

ASSISTANT COMMISSIONER, REVENUE, SAMBA.

Subject :—Notification under sections 9 & 9-A of Land Acquisition

Act , 1990 Svt. as amended up-to-date, for acquisition of land

f or est a b lis hment of Bor der F enc ing by the BSF in

Village Suchetgarh, Tehsil and District Samba.

————

Whereas, the below mentioned land is required for defence purpose

for construction of 135 Feet Composite Bundh in Village Suchetgarh,

Tehsil and District Samba, stands declared under sections 6 and 7 of the

Land Acquisition Act, Svt. 1990 by the Commissioner/Secretary to Governement, Revenue Department, J&K, Civil Secretariat, Jammu vide 204 The J&K Govt. Gazette, 8th Aug., 2019/17th Srav., 1941. [No. 19

Notification No. 05-Rev(LAJ) of 2019 dated 23-01-2019 issued under endorsement No. Rev/LAJ/431/2018 dated 23-01-2019.

Specification of the Land

S.No. Name of Name of Name of Khasra No. Area

Village District Tehsil

————————————————————————————— 1 2 3 4 5 6 —————————————————————————————

K. M.

1. Suchetgarh Samba Samba 24 00–16

34 05–11

34 01–08

34 01–16

34 01–02

34 01–00

36 02–04

37 00–04

56 00–18

57 02–05

58 02–10

65 05–14

69 00–04

70 07–14

72 05–17

73 04–14

74 00–05

78 00–09

79 00–11

91 03–18

92 03–13 No. 19] The J&K Govt. Gazette, 8th Aug., 2019/17th Srav., 1941. 205

1 2 3 4 5 6 —————————————————————————————

          K.  M.
93        01–17
94        04–16
95        01–02
96        01–19
107       00–02
108       02–00
127       05–05
128       00–07
129       00–07
136       00–08
137       04–06
140       00–07
141       00–15
142       04–07
143       02–07
144       03–05
146       01–00
151       00–18
163       02–02
164       00–12
520/171   01–17.5
225       09–17
298       14–00
300       00–12
301       08–10

206 The J&K Govt. Gazette, 8th Aug., 2019/17th Srav., 1941. [No. 19

1 2 3 4 5 6 —————————————————————————————

K. M. 302 00–09

310 02–12

311 02–19

314 00–06

317 00–09

318 00–08

319 00–06

367 00–13

368 15–02

369 02–17

370 02–00

371 03–00

376 00–16

377 01–03

379 04–15

380 00–16

383 06–00

381 01–04

471 00–12

————————

Total 171–18.5

————————

Accordingly, all the interested persons/owners of aforesaid land are hereby called upon to attend personally or by an authorized agent to No. 19] The J&K Govt. Gazette, 8th Aug., 2019/17th Srav., 1941. 207

file the objection regarding their respective interests with regard to acquisition and measurement of land, in this office within 15 days from the date of issuance of this notification.

(Sd.) KULBHUSHAN KHAJURIA, KAS,

Collector, Land Acquisition,

Assistant Commissioner (Revenue),

Samba.

————

Notice

I, Abimanyu (old name) S/o Sh. Chuni Lal R/o E/P 672, Gali Patoyan, Rajinder Bazar, Jammu has changed my name from Abimanyu (old name) to Abhimanyu Loach (New name). I, do hereby assume from this date the name/surname Abhimanyu Loach (new name).

————

IN THE COURT OF JUDICIAL MAGISTRATE

IST CLASS/MUNSIFF, REASI.

Notice to General Public

In the Matter of :—Complaint u/s 523 Cr. P.C for disposal of seized vehicle/

vehicles/articles mentioned hereunder seized u/s 550

Cr. P.C. i. e. as un-claimed property.

1. Motorcycle Pulsar bearing Registration No.

JK02W-1307 Chassis No. DHVBLCO4018,

Engine No. DJGBKC37702

Proclamation

Whereas above referred vehicle seized u/s 550 Cr. P.C. by police of

Police Post, Talwara and till date no one has come forward to claim the

seized vehicle. Hence through the medium of this proclamation, public at 208 The J&K Govt. Gazette, 8th Aug., 2019/17th Srav., 1941. [No. 19

large is hereby informed to stake claim over the above said vehicle and

establish his/her ownership within six months period from the date of

issuance of this proclamation failing which property shall be disposed of

in accordance with law.

Issued under my hand and signature today the day of 11th July, 2019.

(Sd.) ... ... ... ...

Munsiff,

Judicial Magistrate, Ist Class,

Reasi.

————

THE

JAMMU AND KASHMIR GOVERNMENT GAZETTE

–––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 132] Jammu, Thu., the 8th August, 2019/17th Srav., 1941. [No. 19 –––––––––––––––––––––––––––––––––––––––––––––––––––––– Separate paging is given to this part in order that it may be filed as a separate compilation. ––––––––––––––––––––––––––––––––––––––––––––––––––––––

ADVERTISEMENTS––C

––––––

GOVERNMENT OF JAMMU AND KASHMIR, DIRECTORATE OF FORENSIC SCIENCE LABORATORY, JAMMU AND KASHMIR/JAMMU.

Extension Notice

Owing to administrative reasons, the last date for receiving of bids and online opening of technical bids of e-Tender Notice No. 11 of 2019 dated 01-07-2019 floated for supply and commissioning of UFED 4 PC with cloud analyser and desktop analytics :—

1. Last date for receiving of bids 31-07-2019 up to 1600 hours.

2. Date for online opening of 02-08-2019 at 1100 hours.

technical bids

Other contents of the tender shall remain unchanged.

(Sd.) ...................

Officer Incharge, Forensic Science Laboratory, J&K, Srinagar.

———

"

72 The J&K Govt. Gazette, 8th August, 2019/17th Srav., 1941. [No. 19 –––––––––––––––––––––––––––––––––––––––––––––––––––––– GOVERNMENT OF JAMMU AND KASHMIR, DIRECTORATE OF FORENSIC SCIENCE LABORATORY, JAMMU AND KASHMIR/JAMMU.

Corrigendum

During the pre-bid conference, the clarifications sought against the e-NIT No. 57 of 2019 dated 09-07-2019 with regard to procurement of Ballistic Comparison Microscope with Digital Photographic System with Accessories, please read Annexure 'A' of specifications as follows :—

S. No. 3 should be read as : COMPARISION BRIDGE SHOULD BE ADJUSTABLE AND VARIABLE WIDTH OF DIVIDING LINE AND THE THICKNESS OF DIVIDING LINE ARE POWER DRIVEN MOTORISED MAGNIFICATION CHANGER UPRIGHT AND ERECT IMAGE FULLY MOTORIZED.

S. No. 5 should be read as : MOTORIZED ERGO-WORK BENCH AND MOTORIZED HEIGHT ADJUSTABLE TABLE TABLE AREA 1200X550 MM MORE HEIGHT ADJUSTMENT WITH 300MM/ MOVEMENT.

S. No. 6 should be read as : SYSTEM SHOULD HAVE TOW MOTORIZED X-Y PAGES WITH TRAVEL RANGE 50X50MM OR MORE AND MOTORIZED COLUMN RANGE WITH ATLEAST 80MM.

S. No. 8 should be read as : CCD CAMERA WITH (5M PIXEL OR MORE) MAXIMUM RESOLUTION WITH LATEST SOFTWARE PACKAGES FOR RELATIVE COMPARISONS, IMAGE ANALYSIS, ENHANCEMENT, ARCHIVING OF SAMPLES.

(Sd.) ...................

Administrative Officer, Forensic Science Laboratory, J&K, Srinagar.

No. 8-aal] The J&K Govt. Gazette, 27th May, 2019/6th Jyai., 1941. Mon. –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– EXTRAORDINARY REGD. NO. JK—33

PART I–B

Jammu and Kashmir Government––Notifications.

———–

GOVERNMENT OF JAMMU AND KASHMIR CIVIL SECRETARIAT––HOUSING AND URBAN DEVELOPMENT DEPARTMENT

Notification

Srinagar, the 27th May, 2019.

SRO-382.––In exercise of the powers conferred by sub-section (2) of section 27 of the Jammu and Kashmir Municipal Act, 2000, the Government hereby notify the name of Shri Feroz Ahmad Pandith S/o Shri Ali Mohammad Pandith R/o Najar Mohalla, Member, Ward No. 06 of Municipal Committee, Langate to have been declared as elected Vice-President of the Municipal Committee, Langate, w. e. f. 19-11-2018.

By order of the Government of Jammu and Kashmir.

(Sd.) DHEERAJ GUPTA,

Principal Secretary to Government, Housing and Urban Development Department.

No. 8-aam] The J&K Govt. Gazette, 27th May, 2019/6th Jyai., 1941. Mon. –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– EXTRAORDINARY REGD. NO. JK—33

PART I–B

Jammu and Kashmir Government––Notifications.

———–

GOVERNMENT OF JAMMU AND KASHMIR CIVIL SECRETARIAT––HOUSING AND URBAN DEVELOPMENT DEPARTMENT

Notification

Srinagar, the 27th May, 2019.

SRO-383.––In exercise of the powers conferred by sub-section (2) of section 27 of the Jammu and Kashmir Municipal Act, 2000, the Government hereby notify the name of Shri Babloo Goswami S/o Shri Soomnath Goswami R/o Bongam, Kulgam, Member, Ward No. 13 of Municipal Committee, Kulgam to have been declared as elected Vice-President of the Municipal Committee, Kulgam, w. e. f. 30-10-2018.

By order of the Government of Jammu and Kashmir.

(Sd.) DHEERAJ GUPTA,

Principal Secretary to Government, Housing and Urban Development Department.

No. 8-aan] The J&K Govt. Gazette, 27th May, 2019/6th Jyai., 1941. Mon. –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– EXTRAORDINARY REGD. NO. JK—33

PART I–B

Jammu and Kashmir Government––Notifications.

———–

GOVERNMENT OF JAMMU AND KASHMIR CIVIL SECRETARIAT––HOUSING AND URBAN DEVELOPMENT DEPARTMENT

Notification

Srinagar, the 27th May, 2019.

SRO-384.––In exercise of the powers conferred by sub-section (2) of section 27 of the Jammu and Kashmir Municipal Act, 2000, the Government hereby notify the name of Shri Gh. Rasool Sheikh S/o Haji Ab. Ahad Sheikh R/o Main Kunzer, Member, Ward No. 02 of Municipal Committee, Kunzer to have been declared as elected Vice-President of the Municipal Committee, Kunzer, w. e. f. 05-11-2018.

By order of the Government of Jammu and Kashmir.

(Sd.) DHEERAJ GUPTA,

Principal Secretary to Government, Housing and Urban Development Department.

EXTRAORDINARY REGD. NO. JK—33 THE JAMMU & KASHMIR GOVERNMENT GAZETTE

Vol. 132] Jammu, Mon., the 27th May, 2019/6th Jyai., 1941. [No. 8-aao

Separate paging is given to this part in order that it may be filed as a separate compilation.

PART III

Laws, Regulations and Rules passed thereunder.

———–

GOVERNMENT OF JAMMU AND KASHMIR CIVIL SECRETARIAT—GENERAL ADMINISTRATION DEPARTMENT (Services)

Notification

Srinagar, the 27th May, 2019.

SRO-385.––In exercise of the powers conferred by proviso to section 124 of the Constitution of Jammu and Kashmir, the Governor 2 The J&K Govt. Gazette, 27th May, 2019/6th Jyai., 1941. [No. 8-aao –––––––––––––––––––––––––––––––––––––––––––––—–––————— hereby directs that the following amendments shall be made in the Jammu and Kashmir Administrative Service Rules, 2008, namely :—

A. In Schedule-I,—

(a) After entry 87, the following entries shall be added :—

87 (a) Deputy Commissioner, State Taxes, 01

Enforcement (South), Kashmir

87 (b) Deputy Commissioner, State Taxes, 01

Enforcement (North), Kashmir

87 (c) Deputy Commissioner, State Taxes, 01

Enforcement (Samba), Jammu

87 (d) Deputy Commissioner, State Taxes, 01

Enforcement (North), Jammu

(b) In column 3 against entry at S. No. 89 regarding Additional Deputy Commissioners, the figure 22 shall be substituted by 23.

(c) In column 3 against entry at S. No. 128 regarding Deputy Secretaries to the Government, the figure 45 shall be substituted by 95.

(d) In column 3 against entry at S. No. 132 regarding Sub-Divisional Magistrates, the figure 64 shall be substituted by 65.

(e) After entry 179, the following entries shall be

substituted :—

(A) Total number of senior cadre posts 608

(1-183 above)

(B) Deputation reserve @ 25% of (A) 152

above No. 8-aao] The J&K Govt. Gazette, 27th May, 2019/6th Jyai., 1941. 3 –––––––—––––––––––––––––––––––––––––––––––––––––––––––———

(C) Training reserve @ 10% of (A) above 61

(D) Leave reserve at 10% of (A) above 61

(E) Total (A to D) 882 –––– Total Cadre Strength 882 ––––

B. In Schedule-V,—

(a) After entry 21, the following entries shall be added :—

21 (a) Deputy Commissioner, State Taxes, 01

Enforcement (South), Kashmir

21 (b) Deputy Commissioner, State Taxes, 01

Enforcement (North), Kashmir

21 (c) Deputy Commissioner, State Taxes, 01

Enforcement (Samba), Jammu

21 (d) Deputy Commissioner, State Taxes, 01

Enforcement (North), Jammu

(b) In column 3 against entry at S. No. 23 regarding Additional Deputy Commissioners, the figure 22 shall be substituted by 23.

(c) In column 3 below entry at S. No. 61 regarding total number of posts, the figure 155 shall be substituted by 160.

C. In Schedule-VI,—

(a) In column 3 against entry at S. No. 1 regarding Deputy Secretaries to the Government, the figure 45 shall be substituted by 95.

(b) In column 3 against entry at S. No. 5 regarding Sub- Divisional Magistrates, the figure 64 shall be substituted by 65.

4 The J&K Govt. Gazette, 27th May, 2019/6th Jyai., 1941. [No. 8-aao –––––––––––––––––––––––––––––––––––––––––––––—–––————— (c) In column 3 below entry at S. No. 52 regarding total

number of posts, the figure 277 shall be substituted by 328.

By order of the Governor.

(Sd.) FAROOQ AHMAD LONE, IAS,

Secretary to the Government, General Administration Department.

EXTRAORDINARY REGD. NO. JK—33 THE JAMMU & KASHMIR GOVERNMENT GAZETTE

Vol. 132] Jammu, Thu., the 30th May, 2019/9th Jyai., 1941. [No. 9-a

Separate paging is given to this part in order that it may be filed as a separate compilation.

PART I—B

Jammu and Kashmir Government—Notifications.

———–

GOVERNMENT OF JAMMU AND KASHMIR CIVIL SECRETARIAT––DEPARTMENT OF CULTURE

Notification

Srinagar, the 30th May, 2019.

SRO-386.––In exercise of the powers conferred by sub-section (1) of section 3 of the Jammu and Kashmir Ancient Monuments Preservation Act, Samvat 1977 (1920-AD) (Act No. V of 1977), the Government on the recommendations of the Director, \

2 The J&K Govt. Gazette, 30th May, 2019/9th Jyai., 1941. [No. 9-a –––––––––––––––––––––––––––––––––––––––––––––—–––————— Archives, Archaeology and Museums, Jammu and Kashmir, intends to declare following three sites of Zanskar, Kargil under Khasra Number along with land measuring as indicated against each as "State Protected Monuments" within the meaning of the said Act :—

Name of Khasra Name of the owner Total land Status of land

the Village No.

––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

K. M.

Pipcha 349 Bardan Gonpa in 07–08 Gair Mumkin

the name of Lama Gonpa

Tashi Samphel

Sani 258/ Sani Khanikhar through 02–13/ Gair Mumkin

259 Lama Tashi Kushok 08–12 Gonpa

Stongday 557 Stongday Gonpa through 48–14 Gair Mumkin

Kushok Nari Tsewang Gonpa

Further, in pursuance of sub-section (2) of the aforesaid section 3, objections are invited from the general public to the aforesaid proposal, which shall reach to Secretary to the Government, Department of Culture, within a period of two months from the date of issuance/ publication of this notification in the newspaper or fixation of this notification at a conspicuous place on the Monument.

By order of the Government of Jammu and Kashmir.

(Sd.) ZUBAIR AHMAD, KAS,

Secretary to the Government, Department of Culture.

EXTRAORDINARY REGD. NO. JK—33 THE JAMMU & KASHMIR GOVERNMENT GAZETTE

Vol. 132] Jammu, Thu., the 30th May, 2019/9th Jyai., 1941. [No. 9-b

Separate paging is given to this part in order that it may be filed as a separate compilation.

PART I–B

Jammu and Kashmir Government––Notifications.

———–

GOVERNMENT OF JAMMU AND KASHMIR CIVIL SECRETARIAT––DEPARTMENT OF LAW, JUSTICE AND PARLIAMENTARY AFFAIRS

Notification

Srinagar, the 30th May, 2019.

SRO-387.––In exercise of the powers conferred by sub-section (1) of section 12 of the Code of Criminal Procedure, Samvat 1989, the Government hereby appoint the following officers to be the Executive Magistrate of the First Class who shall exercise all the powers of an

2       The J&K Govt. Gazette, 30th May, 2019/9th Jyai., 1941. [No. 9-b
–––––––––––––––––––––––––––––––––––––––––––––—–––—————
Executive Magistrate of the First Class  within their respective territorial
jurisdiction of  District Rajouri :—
 S.    Name  of  the  Officer              Designation
No.
––––––––––––––––––––––––––––––––––––––––––––––––––––––
       S/Shri
 1.    Anjum Bashir Khan Khatak,          Tehsildar, Thana Mandi
       Jr. KAS
 2.    Dhruv Gupta, Jr. KAS              Tehsildar, Siot
 3.    Syed Sahil Ali, Jr. KAS           Tehsildar, Khawas
 4.    Ravinder Kumar Anand              Tehsildar, Koteranka
 5.    Jatinder Singh                    I/c Tehsildar, Sunderbani
 6.    Munshi Ram                        I/c Tehsildar, Taryath
 7.    Anil Charak                       I/c Tehsildar, Darjal
 8.    Babu Ram                          L/A Tehsildar, Nowshera
 9.    Mohd Sageer                       L/A Tehsildar, Manjakote

By order of the Government of Jammu and Kashmir.

(Sd.) ACHAL SETHI,

Secretary to Government,

Department of Law, Justice and Parliamentary Affairs.

EXTRAORDINARY REGD. NO. JK—33 THE JAMMU & KASHMIR GOVERNMENT GAZETTE

Vol. 132] Jammu, Thu., the 30th May, 2019/9th Jyai., 1941. [No. 9-c

Separate paging is given to this part in order that it may be filed as a separate compilation.

PART I—B

Jammu and Kashmir Government—Notifications.

———–

GOVERNMENT OF JAMMU AND KASHMIR

CIVIL SECRETARIAT––HOME DEPARTMENT

Notification

Srinagar, the 30th May, 2019.

SRO-388.––Whereas, on 24-04-2015, Police Station, Hajin received

an information through reliable sources to the effect that after offering

Friday prayers some Hurriyat Conference affiliated persons namely

1. Assadullah Parray 2. Showkat Ahmad Hajam @ Hakeem 3. Mehraj-

ud-Din Gojree 4. Ab. Majeed Lone 5. Masroor Ahmad Rather 6. Ali

Mohammad Dar @ Master and 7. Ab. Hamid Parray @ Gadai have

assembled at Bus Stand, Hajin in protest against the detention under

PSA of Massarat Alam, Chairman, Muslim League and provoking the

general public against sovereignty, and integrity of Nation by raising \

2 The J&K Govt. Gazette, 30th May, 2019/9th Jyai., 1941. [No. 9-c –––––––––––––––––––––––––––––––––––––––––––––—–––————— Anti-India and pro Pakistan slogans besides are preaching general public to support militant organizations ; and

2. Whereas, a case FIR No. 22/2015 u/s 13 UAPA, 1967 was

registered at Police Station, Hajin and investigation taken up ; and

3. Whereas, during the course of investigation, site plan of place of occurrence was prepared and statement of witnesses were recorded under section 161, Cr. Pc. besides statement of material witnesses were recorded under section 164-A Cr. Pc. Statement of witnesses so recorded inter alia reveal that accused namely 1. Assadullah Parray 2. Showkat Ahmad Hajam @ Hakeem 3. Mehraj-ud-Din Gojree 4. Ab. Majeed Lone 5. Masroor Ahmad Rather 6. Ali Mohammad Dar @ Master and 7. Ab. Hamid Parray @ Gadai after offering Friday Prayers raised Anti-National and pro Pakistan slogans at Bus Stand, Hajin in protest against the detention under PSA of Muslim League Chairman, Masarat Alam. The accused also instigated the people to support Anti-National Organizations in their cause. Evidence collected established the commission of offence punishable under section 13 UAP Act against accused namely 1. Assadullah Parray S/o Ab. Gani Parray R/o Syed Mohalla, Hajin 2. Showkat Ahmad Hajam @ Hakeem S/o Gh. Mohammad Hajam R/o Paribal, Hajin 3. Mehraj-ud-Din Gojree S/o Gh. Qadir Gojree R/o Hajin 4. Ab. Majeed Lone S/o Mohammad Maqbool Lone R/o Vijpara 5. Masroor Ahmad Rather S/o Gh. Mohammad Rather R/o Safapora 6. Ali Mohammad Dar @ Mastter S/o Mohammad Maqbool Dar R/o Danger Mohalla, Hajin and 7. Ab. Hamid Parray @ Gadai S/o Gh. Nabi Parray R/o Syed Mohalla, Hajin and accordingly the investigation of case has been concluded as proved against them. It is further submitted that accused 1-4 have been arrested and later bailed out by Hon'ble Court, however accused 5-7 namely 1. Nazir Ahmad Ahanger 2. Manzoor Ahmad Hajam and 3. Mehraj- ud-Din Gojree are absconding against whom proceedings u/s 512 Cr. Pc. have been proposed ; and

4. Whereas, the Authority appointed by the State Government under sub-section (2) of section 45 of the Unlawful Activities (Prevention) Act, 1967, has independently scrutinized the Case Diary file and all the other relevant documents relating to the case and has No. 9-c] The J&K Govt. Gazette, 30th May, 2019/9th Jyai., 1941. 3 –––––––—––––––––––––––––––––––––––––––––––––––––––––––——— come to a definite conclusion that this is a fit case for accord of prosecution sanction against the said accused persons ; and

5. Whereas, after perusing the Case Diary, the relevant documents and also taking into consideration the observations/views of the Authority appointed under sub-section (2) of section 45 of the Unlawful Activities (Prevention) Act, 1967, the State Government is of the view that there is sufficient material and evidence available against the accused persons for their prosecution under the aforesaid provision of law.

6. Now, therefore, in exercise of powers conferred by sub- section (2) of section 45 of the Unlawful Activities (Prevention) Act, 1967, the State Government hereby accords sanction for launching prosecution against the accused persons namely 1. Assadullah Parray S/o Ab. Gani Parray R/o Syed Mohalla, Hajin 2. Showkat Ahmad Hajam @ Hakeem S/o Gh. Mohammad Hajam R/o Paribal, Hajin 3. Mehraj- ud-Din Gojree S/o Gh. Qadir Gojree R/o Hajin 4. Ab. Majeed Lone S/o Mohammad Maqbool Lone R/o Vijpara 5. Masroor Ahmad Rather S/o Gh. Mohammad Rather R/o Safapora 6. Ali Mohammad Dar @ Master S/o Mohammad Maqbool Dar R/o Danger Mohalla, Hajin and 7. Ab. Hamid Parray @ Gadai S/o Gh. Nabi Parray R/o Syed Mohalla, Hajin for commission of offence punishable u/s 13 UAP Act, 1967 arising out of FIR No. 22/2015 of Police Station, Hajin.

By order of the Government of Jammu & Kashmir.

(Sd.) .........................

Principal Secretary to the Government, Home Department.

EXTRAORDINARY REGD. NO. JK—33 THE JAMMU & KASHMIR GOVERNMENT GAZETTE

Vol. 132] Jammu, Thu., the 30th May., 2019/9th Jyai., 1941. [No. 9-d

Separate paging is given to this part in order that it may be filed as a separate compilation.

PART I—B

Jammu and Kashmir Government—Notifications.

———–

GOVERNMENT OF JAMMU AND KASHMIR

CIVIL SECRETARIAT––HOME DEPARTMENT

Notification

Srinagar, the 30th May, 2019.

SRO-389.––Whereas, on 07-06-2018, Police Station, Kulgam

reliably came to know that one self styled commander of LeT namely

Shakoor Ahmad Dar @ Abu Bakar is active in the jurisdicition of

P/S Kulgam who is planning to snatch the weapons from Security

Forces/Police. The said commander has organised a group of members

namely: l. Sheeraz Ahmad Shargojri S/o Mohd Shaban 2. Adil Nazir

Wagay S/o Nazir Ahmad Wagay 3. Zahid Ahmad Shargojri S/o Ab.

Satar R/o Chamgund, Kulgam headed by Ajaz Ahmad Bhat S/o

Hafizullah Bhat R/o Chennigam. The said group has been assigned with 2 The J&K Govt. Gazette, 30th May, 2019/9th Jyai., 1941. [No. 9-d –––––––––––––––––––––––––––––––––––––––––––––—–––————— a task to make discreet identification of the guard posts/naka's in order to snatch the weapon easily from Security Force/Police etc. ; and

2. Whereas, a case FIR No. 98/2018 U/Ss 13(2), 18, 39 UAP Act, 1967 at Police Station, Kulgam was registered and investigation was set into motion ; and

3. Whereas, during the course of investigation and as per the

evidences collected, it has been found that the accused persons namely 01. Ajaz Ahmad Bhat S/o Hafizullah Bhat R/o Chennigam Frisal 02. Sheeraz Ahmad Shargojri S/o Mohd Shaban Shargojri R/o Chambgund, Pahloo 03. Adil Nazir Wagay S/o Nazir Ahmad Wagay R/o Chambgund, Pahloo 04. Zahid Ahmad Shargojri S/o Ab. Satar R/o Chamgund Phaloo 05. Shakoor Ahmad Dar @ Abu Bakar S/o Mohammad Munawar

R/o Sopat have been found involved for the commision of offences U/Ss 13(2), 18, 39 UAPA ; and

4. Whereas, on the basis of the material collected during the course

of investigation and the statement of witnesses recorded by the investgating agency prima facie established a case punishable U/Ss 13, 18, 39 UAPA Act against five accused persons namely 01. Ajaz Ahmad Bhat S/o Hafizullah Bhat R/o Chenigam Frisal 02. Sheeraz Ahmad Shargojri S/o Mohd Shaban Shergojri R/o Chambgund Pahloo 03. Adil Nazir Wagay S/o Nazir Ahmad Wagay R/o Chambgund, Pahloo

04. Zahid Ahmad Shargojri S/o Ab. Satar R/o Chamgund, Phaloo 05. Shakoor Ahmad Dar @ Abu Bakar S/o Mohammad Munawar R/o Sopat and investigation of case has been concluded as proved. It is further submitted that accused No. 05 Shakoor Ahmad Dar @ Abu Bakar S/o Mohammad Munawar R/o Sopat has been killed in an encounter at Chidder, Kulgam on 24-06-2018 as per copy of FIR

placed on record ; and

5. Whereas, the authority appointed by the State Government under sub-section (2) of section 45 of the Unlawful Activities (Prevention)

Act, 1967, has independently scrutinized the Case Diary file and all the other relevant documents relating to the case and has come to a definite conclusion that this is a fit case for accord of prosecution

sanction against the said accused persons ; and No. 9-d] The J&K Govt. Gazette, 30th May, 2019/9th Jyai., 1941. 3 –––––––—––––––––––––––––––––––––––––––––––––––––––––––——— 6. Whereas, after perusing the Case Diary, the relevant documents

and also taking into consideration the observations/views of the Authority

appointed under sub-section (2) of section 45 of the Unlawful Activities

(Prevention) Act, 1967, the State Government is of the view that there

is sufficient material and evidence available against the accused persons

for their prosecution under the aforesaid provisions of law.

7. Now, therefore, in exercise of powers conferred by sub-

section (2) of section 45 of the Unlawful Activities (Prevention)

Act, 1967, the State Government hereby accords sanction for launching

prosecution against the accused persons namely 01. Ajaz Ahmad Bhat

S/o Hafizullah Bhat R/o Chenigam Frisal 02. Sheeraz Ahmad Shergojri

S/o Mohd Shaban Shergojri R/o Chamgund, Pahloo 03. Adil Nazir Wagay

S/o Nazir Ahmad Wagay R/o Chamgund, Pahloo 04. Zahid Ahmad

Shargojri S/o Ab. Satar R/o Chamgund Phaloo for commission of

offences punishable U/Ss 13(2), 18 & 39 ULA(P) Act, 1967 in case

FIR No. 98/2018 of Police Station, Kulgam.

By order of the Government of Jammu & Kashmir.

(Sd.) .........................

Principal Secretary to the Government, Home Department.

EXTRAORDINARY REGD. NO. JK—33 THE JAMMU & KASHMIR GOVERNMENT GAZETTE

Vol. 132] Jammu, Thu., the 30th May, 2019/9th Jyai., 1941. [No. 9-e

Separate paging is given to this part in order that it may be filed as a separate compilation.

PART I—B

Jammu and Kashmir Government—Notifications.

———–

GOVERNMENT OF JAMMU AND KASHMIR

CIVIL SECRETARIAT––HOME DEPARTMENT

Notification

Srinagar, the 30th May, 2019.

SRO-390.––Whereas, on 10-07-2015 a Police Party of SOG,

Jammu headed by PSI Ajay Kumar was conducting patrolling duty in

the area of Bus Stand, Jammu and while conducting Patrolling at about

22 : 25 hours, when the Police Party reached at K. C Chowk, BC

Road, Jammu they found two unknown persons carrying a bag each,

who on seeing the Police Party tried to escape from there. The Police

Party tactfully apprehended them who disclosed their names as Abdul

Rashid S/o Mohammad Shaban R/o Satkipura, Tehsil Bijbehara, District

Anantnag and Abdul Gani Sheikh S/o Ghulam Qadir R/o Gundow, Tehsil 2 The J&K Govt. Gazette, 30th May, 2019/9th Jyai., 1941. [No. 9-e –––––––––––––––––––––––––––––––––––––––––––––—–––————— Gundoh, District Doda and on conducting their personal search, a black

coloured bag on which "AIR PASSSAGE" was written in English

containing 250 Indian Currency Notes of 1000/1000 denomination was

recovered from the possession of Abdul Rashid and a white coloured

bag on which "WEST LOOK" was written in English containing 100

Indian Currency Notes of 500/500 denomination was recovered from

the possession of Abdul Gani. On being asked they disclosed that all

the said Indian Currency Notes i. e. of Rs. 1000/- and Rs. 500/ are

fake and they have bought it from Kolkata (W. B.) ; and

2. Whereas, a case FIR No. 29/2015 U/S 489-B/489-C/RPC was

registered in Police Station, Bus Stand, Jammu and investigation taken

up ; and

3. Whereas, during the course of investigation, site plan was

prepared, and statements of witnesses were recorded under

sections 161, 164-A and placed on file. During further investigation, the

seized currency was sent for FSL examination and opinion thereon was

obtained and placed on record. The opinion received revealed that the

seized currency is made of high quality fake notes ; and

4. Whereas, during the course of further investigation, the accused

duo disclosed the name of other three persons namely l. Maid-ul-Islam

S/o Abdul Zabbar R/o Lusurdi Tola, Mahabbatpur, Kaliachak Malda,

West Bengal 2. Mohd Iqbal S/o Mohd Sharief R/o Gurakhar, Tehsil

Gundho, Distict Doda and 3. Mushtaq Ahmad R/o Janglat Colony,

Anantnag who have been party to the said crime. They further revealed

that Mohammad Iqbal had deputed them to West Bengal and had

provided them some money along with his own ATM card with the

directions to meet Maid-ul-Islam in West Bengal and collect fake

currency notes and that if additional is required, the same can be

withdrawn from the said ATM Card which was recovered from the

possession of accused Abdul Gani. On this, both the accused went to

West Bengal and collected fake currency from Maid-ul-Islam as per

the directions of Mohd Iqbal. Accordingly accused namely Mohd Iqbal

S/o Mohd Sharief R/o Gurakhar, Tehsil Gandoh, District Doda was

arrested in the case who revealed his link with above mentioned three No. 9-e] The J&K Govt. Gazette, 30th May, 2019/9th Jyai., 1941. 3 –––––––—––––––––––––––––––––––––––––––––––––––––––––––——— accused persons and that he has given his ATM card to accused Abdul Gani Sheikh for withdrawal of money if needed for the purchase of fake currency.

5. Further, investigation conducted revealed that the accused namely Abdul Gani Sheikh S/o Ghulam Qadir R/o Gandoh-C, Tehsil Gandoh, District Doda (b) Abdul Rashid S/o Mohd Shahban R/o Satkipura Tehsil Bijbehara, District Anantnag (c) Mohd Iqbal S/o Mohd Sharief R/o Gurakhar, Tehsil Gandoh, District Doda have liaised with one Maid-ul-Islam S/o Abdul Zabbar R/o Lusurdi Tola, Mahabbatpur, Kaliachak Malda, West Bengal and Mushtaq Ahmed R/o Junglat Colony, Anantnag in bringing FICN to the state and are involved in deferring/ weakening the Indian economy. That the name of accused Mushtaq Ahmad R/o Janglat Colony, Anantnag was dropped from the list of accused as no such person with such name and address existed in District Anantnag as was verified from the concerned Police Station and the report/documents obtained were made part of the CD file. During the course of investigation, Questionnaires were served to all the three arrested accused persons who didn't bother to reply till date ; and

6. Whereas, investigation conducted prima facie established the commission of offences punishable U/Ss 489-B/489-C RPC 15 (1) (II1-a)/RW 16/17 of ULAP Act against two accused persons namely (1) Abdul Gani Sheikh S/o Ghulam Qadir R/o Gundoo-C, Tehsil Gandoh, District Doda (2) Abdul Rashid S/o Mohd Shahban R/o Satkipura, Tehsil Bijbehara, District Anantnag and offence u/s 109 RPC has been proved against the accused persons namely (3) Mohd Iqbal S/o Mohd Sharief R/o Gurakhar, Tehsil Gandho, District Doda and (4) Miad-ul-Islam S/o Abdul Zabbar R/o Lusurdi Tola, Mahabbatpur Kaliachak Malda, West Bengal. That the accused No. 4 is absconding as he could not be traced in West Bengal and against whom proceedings u/s 512 have been initiated ; and

7. Whereas, the Authority appointed by the State Government under sub-section (2) of section 45 of the Unlawful Activities (Prevention) Act, 1967, has independently scrutinized the Case Diary

file and all the other relevant documents relating to the case and has 4 The J&K Govt. Gazette, 30th May, 2019/9th Jyai., 1941. [No. 9-e –––––––––––––––––––––––––––––––––––––––––––––—–––————— come to a definite conclusion that this is a fit case for accord of

prosecution sanction against the said accused persons ; and

8. Whereas, after perusing the Case Diary, the relevant documents

and also taking into consideration the observations/views of the Authority

appointed under sub-section (2) of section 45 of the Unlawful Activities

(Prevention) Act, 1967, the State Government is of the view that there

is sufficient material and evidence available against the accused persons

for their prosecution under the aforesaid provisions of law.

9. Now, therefore, in exercise of powers conferred by sub-

section (2) of section 45 of the Unlawful Activities (Prevention)

Act, 1967, the State Government hereby accords sanction for

launching prosecution against the accused persons namely Abdul Gani

Sheikh S/o Ghulam Qadir R/o Gandoo-C, Tehsil Gandoh, District

Doda and Abdul Rashid S/o Mohd Shaban R/o Satkipura Tehsil

Bijbehara, District Anantnag for the commission of offences punishable

u/s 15(l) a (lll-a) r/w 16/17(b) of the Unlawful Activities (Prevention)

Act, 1967 arising out of FIR No. 29/2015 of P/S, Bus Stand, Jammu.

By order of the Government of Jammu & Kashmir.

(Sd.) .........................

Principal Secretary to the Government, Home Department.

EXTRAORDINARY REGD. NO. JK—33 THE JAMMU & KASHMIR GOVERNMENT GAZETTE

Vol. 132] Jammu, Thu., the 30th May, 2019/9th Jyai., 1941. [No. 9-f

Separate paging is given to this part in order that it may be filed as a separate compilation.

PART I—B

Jammu and Kashmir Government—Notifications.

———–

GOVERNMENT OF JAMMU AND KASHMIR

CIVIL SECRETARIAT––HOME DEPARTMENT

Notification

Srinagar, the 30th May, 2019.

SRO-391.––Whereas, on 04-01-2017, Police Station, Kothibagh

received an information that at Press Colony, Residency Road, Srinagar,

Mst. Anjum Zamrooda Habib, Chairperson of Hurriyat Conference

women group along with some other women raised anti-national slogans

against the Union of India and Government of J&K State and in support

and favour of Pakistan, besides damaged the foundation stone laid for

multistory parking of Srinagar Development Authority at Lalchowk. This

action on part of the accused have encouraged and furthered the agenda

of banned organization who are working for the secession of J&K State

from the rest of India ; and 2 The J&K Govt. Gazette, 30th May, 2019/9th Jyai., 1941. [No. 9-f –––––––––––––––––––––––––––––––––––––––––––––—–––————— 2. Whereas, a case FIR No. 03/2017 U/S 13 ULA(P) Act, 1967 was registered at Police Station, Kothibagh and investigation was taken up ; and

3. Whereas, during course of investigation site plan of place of occurrence was prepared. Statement of witnesses acquainted with the facts and circumstances of the case were recorded under relevant provisions of law. During further investigation, copy of Newspaper Daily

Greater Kashmir dated 5th January, 2017 in which the occurrence of the illegal act was reported/published was seized as piece of evidence and seizure memo prepared. Investigation conducted revealed that the accused persons raised anti National and Pro Pak Slogans, besides, partly damaged the newly laid foundation stone of SDA parking Srinagar. Investigation also revealed that the group of accused women was lead

by accused Zamrooda Habib, however, other accused could not be identified as they had been wearing veils. Cogent evidence, oral and documentary brought on record prima facie establishes a case u/s 13 UAP Act, 427 RPC against accused Zamrooda Habib D/o Habibullah Bhat R/o Custodian Colony, Parray Pora Baght, Srinagar and accordingly investigation has been concluded as proved ; and

4· Whereas, the Authority appointed by the State Government under sub-section (2) of section 45 of the Unlawful Activities (Prevention) Act, 1967, has independently scrutinized the Case Diary

file and all the other relevant documents relating to the case and has come to a definite conclusion that this is a fit case for accord of prosecution sanction against the said accused lady ; and

5. Whereas, after perusing the Case Diary, the relevant documents

and also taking into consideration the observations/views of the Authority appointed under sub-section (2) of section 45 of the Unlawful Activities (Prevention) Act, 1967, the State Government is of the view that there is sufficient material and evidence available against the accused lady for her prosecution under the aforesaid provision of law.

6. Now, therefore, in exercise of powers conferred by sub-section (2) of section 45 of the Unlawful Activities (Prevention)

Act, 1967, the State Government hereby accords sanction for launching No. 9-f] The J&K Govt. Gazette, 30th May, 2019/9th Jyai., 1941. 3 –––––––—––––––––––––––––––––––––––––––––––––––––––––––——— prosecution against the accused lady namely Zamrooda Habib D/o

Habibullah Bhat R/o Custodian Colony, Parray Pora Baghat, Srinagar

U/S 13 UAP Act in case FIR No. 03/2017 of Police Station, Kothibagh.

By order of the Government of Jammu & Kashmir.

(Sd.) .........................

Principal Secretary to the Government, Home Department.

EXTRAORDINARY REGD. NO. JK–33

THE

JAMMU AND KASHMIR GOVERNMENT GAZETTE

–––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 132] Jammu, Thu., the 4th July, 2019/13th Asad., 1941. [No. 14-1 –––––––––––––––––––––––––––––––––––––––––––––––––––––– Separate paging is given to this part in order that it may be filed as a separate compilation. ––––––––––––––––––––––––––––––––––––––––––––––––––––––

PART I––B

Jammu and Kashmir Government––Notifications.

———–

GOVERNMENT OF JAMMU AND KASHMIR CIVIL SECRETARIAT––DEPARTMENT OF LAW, JUSTICE AND PARLIAMENTARY AFFAIRS.

Notification

Srinagar 04th of July, 2019.

Whereas, the Government of Jammu and Kashmir intends to appoint Public Notaries under section 3 of the Notaries Act, 1952 for varous territorial jurisdictions in Kashmir/Ladakh Divisions ;

Whereas, the candidates listed at annexure have qualified in the interview for appointment as Public Notaries and the Competent Authority has accepted the applications of the said candidates for their appointment as Public Notary for the territorial Jurisdiction shown against each as recommended by the Interview Board.

2 The J&K Govt. Gazette, 4th July, 2019/13th Asad., 1941. [No. 14-1 ––––––––––––––––––––––––––––––––––––––––––––––––––––––

Now, therefore, in pursuance of clause (b) of rule 6 of the Notaries Rules, 1956, the name of the said applicants are hereby published in the Government Gazette.

Any person/Society/Association/Authority in the area where the applicants propose to practice as Notary, interested in filing objections to the appointment of the said applicants as Notary may submit the same to the Competent Authority within a period of 07 days from the date of publication of this notice in the Government Gazette.

(Sd.) ACHAL SETHI,

Secretary to Government,

Department of Law, Justice and PA

(Competent Authority under the Notaries Act, 1952).

—————

No. 14-1] The J&K Govt. Gazette, 4th July, 2019/13th Asad., 1941. 3 –––––––––––––––––––––––––––––––––––––––––––––––––––––– Annexure

 S. No.  Name  of  the Advocate                 Area  of  Pratice/
                                                Notarial
                                                Jurisdiction
––––––––––––––––––––––––––––––––––––––––––––––––––––––
   1                2                                 3
––––––––––––––––––––––––––––––––––––––––––––––––––––––
 1.      Nazia Hashim                           Srinagar
 2.      Mushtaq Ahmad Bhat                     Srinagar
 3.      Gousia Jan                             Srinagar
 4.      Hashmatullah                           Srinagar
 5.      Iftikhar Ahmad Qadri                   Srinagar
 6.      Sheema Qulsum                          Srinagar
 7.      Mirza Aneela Afzal Beg                 Srinagar
 8.      Arifa Amin Tak                         Srinagar
 9.      Nazia Hassan                           Srinagar
 10.     Lateef Ahmad  Khan                     Beerwah
 11.     Yakoob Hussain Sofi                    Beerwah
 12.     Ghulam Ahmad Mir                       D.C.  Office,
                                                Budgam
 13.     Shaista Wani                           Magam
 14.     Sheikh Ishfaq Rasool                   Chadoora
 15.     Ali Mohammed Fayaz                     D. H. Pora
 16.     Shagufta Akhter                        Qazigund
 17.     Khurshid Ahmad Sheikh                  Qazigund
 18.     Jasbir Singh                           Ashmuqam
 19.     Inayatullah Ganai                      Anantnag
 20.     Tariq Hussain Shah                     Pahalgam
 21.     Feroz Ahmad Wani                       Pahalgam
 22.     Abdul Hamid Mir                        Shangus
 23.     Parvaiz Ahmad Ganai                    Anantnag
 24.     Khursheed Ahmad  Wani                  Dooru
 25.     Abdul Aziz Shah                        D. C. Office,
                                                Anantnag

4 The J&K Govt. Gazette, 4th July, 2019/13th Asad., 1941. [No. 14-1 ––––––––––––––––––––––––––––––––––––––––––––––––––––––

1 2

3

––––––––––––––––––––––––––––––––––––––––––––––––––––––
 26.     Waheeda Akhter                         Pulwama
 27.     Bilal Ahmad Dhobi                      Pulwama
 28.     Fayaz Ahmad Ganai                      Awantipura
 29.     Shoaib Muzaffar                        Chandoosa
 30.     Abdul Khaliq Sheikh                    Boniyar
 31.     Faisal Jan                             Rafiabad
 32.     Ishfaq Ahmad Bhat                      Pattan
 33.     Shamim Ahmed                           Uri
 34.     Abdul Rashid Malik                     Handwara
 35.     Asif Hussain Wani                      Trehgam
 36.     Ghulam Mohidin Parry                   Sumbal
 37.     Feroze Ahmad Sofi                      Bandipora
 38.     Asif Iqbal                             Gurez
 39.     Nisar Ahmed                            Kangan
 40.     Abdul Khaliq                           Khaltse
 41.     Tashi Gyalson                          Leh
 42.     Sonam Paljor                           Leh
 43.     Disket  Wangmo                         Leh
 44.     Touseef Ahmad                          Leh
 45.     Siddharth Norbu                        Khaliste
 46.     Stanzin Dawa                           Leh
 47.     Stanzin Dachom                         Zanskar
 48.     Reyaz Ahmad  Khan                      Kargil
 49.     Amina Bano                             Kupwara
 50.     Showkat Ali  Khan                      Anantnag

EXTRAORDINARY REGD. NO. JK—33 THE JAMMU & KASHMIR GOVERNMENT GAZETTE

Vol. 132] Jammu, Tue., the 28th May, 2019/7th Jyai., 1941. [No. 8-1

Separate paging is given to this part in order that it may be filed as a separate compilation.

PART III

Laws, Regulations and Rules passed thereunder.

———–

THE JAMMU AND KASHMIR STATE LEGAL SERVICES AUTHORITY (FREE AND COMPETENT LEGAL SERVICES) REGULATIONS, 2010.

Notification

Jammu, the 28th May, 2019.

No. 01/J&K/SLSA.—In exercise of the powers conferred by section 27 of the Jammu and Kashmir State Legal Services Authorities Act, 1997 (Act XXXIII of 1997, the J&K State Legal Services Authority 2 The J&K Govt. Gazette, 28th May, 2019/7th Jyai., 1941. [No. 8-1 –––––––––––––––––––––––––––––––––––––––––––––—–––—————

hereby makes the following regulations, further to amend the State Legal Services Authority (Free and Competent Legal Services) Regulations, 2010 namely :—

1. Short title, extent and commencement.—(1) These regulations may be called the J&K State Legal Services Authority (Free and Competent Legal Services) Amendment Regulations, 2019.

(2) They shall be applicable to State Legal Services Authorities, High Court Legal Services Committee, District Legal Services Authorities and Tehsil Legal Services Committees in the State of J&K.

(3) They shall come into force from the date of their publication

in the Official Gazette.

2. Definitions.—(1) In these regulations, unless the context

otherwise requires,—

For Regulation 2 clause (e) the following clauses (ea) and

(eb) shall be added :—

¹(ea) "Monitoring and Mentoring Committee" means the Committees set up under regulation 10 ;

(eb) "Panel Lawyer" means a legal practitioner empanelled as a Panel lawyer under regulation 8 ;

For Regulation 2 clause (g), the following shall be

substituted :—

(g) "Para-Legal Volunteer" means a para-legal volunteer trained ²under the National Legal Services Authority Scheme for Para Legal Volunteers' and empanelled by a Legal Services Institution ;

For Regulation 2 clause (g), the following clause (ga) shall

be inserted :—

No. 8-1] The J&K Govt. Gazette, 28th May, 2019/7th Jyai., 1941. 3 –––––––—––––––––––––––––––––––––––––––––––––––––––––––———

For Regulation 2, the following clause (j) shall be

added :—

(a) ⁴"State regulation" means regulation made by the State Authority under the Act.

3. For Regulation 4 in clause (1), the following shall be

inserted :—

After the words "manned by" the words ⁵"a Retainer Lawyer on rotational basis and" shall be inserted—

For Regulation 4 in clause (1), the following shall be

added :—

⁶Provided that persons with the qualification of 'Masters Degree in Social Work or Diploma or Masters' Degree in psychiatry or psychology from any recognised institute or university may also be called to the front office as and when necessary.

Sub-Regulation 4(2) shall be omitted.

⁷(2) ******

For Regulation 4 clauses (3) and (4) following shall be

substituted :—

4 The J&K Govt. Gazette, 28th May, 2019/7th Jyai., 1941. [No. 8-1 –––––––––––––––––––––––––––––––––––––––––––––—–––—————

Sub-Regulation 4(2) shall be omitted.

¹⁰(5) ********

4. In the Principal Regulation, for Regulation 5, for

clauses (1), (2) & (3) the following Regulation shall be substituted

namely :—

¹¹5. Proof of entitlement of free legal services.—(1) A self- certificate of the applicant, along with self-attested copy of relevant documents or certificates, if any, that he falls under the categories of persons entitled to free legal services under section 12 of the Act shall ordinarily be sufficient.

¹²(2) *********

¹³(3) ********

5. In the Principal Regulation, for Regulation 7, the following

Regulation shall be substituted namely :—

¹⁴7. Scrutiny and evaluation of the application for free legal services.—(1) The application for legal services, for eligibility of the applicant and existence of a prima facie case to prosecute or to defend, shall be scrutinised by the Member-Secretary or Secretary, as the case may be, or any officer, deputed by him :

Provided that a defendant in a civil case and an accused or a convict in a criminal case shall be deemed to have prima facie case to defend or to file an appeal against his conviction and sentence :

Provided further that in case, there is some difficulty to determine the prima facie case to prosecute, the Member-Secretary or Secretary may for this purpose, seek opinion from a panel lawyer having more than seven years standing at the Bar :

Provided further that in case of the Supreme Court Legal Services Committee, the Secretary shall seek opinion from an Advocate having more than fifteen years standing at the Bar.

No. 8-1] The J&K Govt. Gazette, 28th May, 2019/7th Jyai., 1941. 5 –––––––—––––––––––––––––––––––––––––––––––––––––––––––———

(3) If the applicant is not covered under the categories mentioned

in section 12, he or she shall be advised to seek assistance from any

other body or person rendering free legal services either voluntarily or

under any other scheme.

(4) The Legal Services Institution shall maintain a list of such

agencies, institutions or persons who have expressed willingness to

render free legal services.

(5) Any person aggrieved by the decision or order of the Member-

Secretary or the Secretary, as the case may be, he may prefer appeal

to the Executive Chairman or Chairman of the Legal Services Institution

and the decision or order in appeal shall be final.

(6) In case the Member-Secretary or Secretary of the Legal

Services Institution decides to provide legal services through a panel

lawyer, the choice of the panel lawyer, if expressed by the applicant,

may be considered.

6. In Regulation 8 Sub-Regulation (2) after the words

"Presidents of the Bar Associations" the words "Monitoring and

Mentoring Committee set up under regulation 10" shall be inserted

and also in sub-regulation 8(2), the following shall be added :—

"Provided that the Executive Chairman or Chairman of the Legal

Services Institution may also suo moto empanel any legal

practitioner";

For Regulation 8 of clause (6), the following Sub-clause (6a)

& (6b) shall be added :—

(6a) There may be representation of the Scheduled Castes, the

Scheduled Tribes, women and differently abled lawyers in the

panel.

(6b) The Member-Secretary or Secretary, as the case may be,

may assign a case to a panel lawyer of a subject matter other

than for which he has been empanelled.

6 The J&K Govt. Gazette, 28th May, 2019/7th Jyai., 1941. [No. 8-1 –––––––––––––––––––––––––––––––––––––––––––––—–––—————

In the Principal Regulation, for Regulation 8 Clause (8) Sub-

Clause (a) to (c) and Clause 9 Sub-Clause (a) to (c), the following

Regulation shall be substituted namely :—

8(8) The strength of Retainer lawyers shall not exceed,—

(a) fifteen in the High Court Legal Services Committee ;

(b) ten in the District Legal Authority ;

(c) five in the Tehsil Legal Services Committee.

8(9) The honorarium payable to Retainer lawyer shall not

be less than,—

(a) Rs. I0,000/- rupees ten thousand per month in the case of State Legal Services Authority or High Court Legal Services Committee ;

(b) Rs. 7500/- rupees Seven thousand five hundred per month in the case of District Legal Services Authority and Armed Forces Tribunal.

(c) Rs. 5000/- rupees Five thousand per month in the case of the Tehsil Legal Services Committee :

In the Principal Regulation, for Regulation 8 Clause (11),

the following Regulation shall be substituted namely :—

"8(11) The panel prepared under sub-regulation (2) for the period of three years shall also be reviewed and updated periodically by the Executive Chairman or the Chairman, as the case may be, keeping in view the performance of the panel lawyers".

In the Principal Regulation, for Regulation 8 after Clause

(15) Clause (16) shall be added namely :—

8(16) (i) The panel lawyers shall undergo training periodically as per modules prepared by the National Legal Services Authority and the State Legal Services Authority.

(ii) The participation in the training programme shall be a relevant consideration for the retention or continuation of panel lawyers.

No. 8-1] The J&K Govt. Gazette, 28th May, 2019/7th Jyai., 1941. 7 –––––––—––––––––––––––––––––––––––––––––––––––––––––––———

7. In the Principal Regulation, for Regulation 9, the following

Regulation shall be substituted namely :—

9. Legal services by way of legal advice, consultation, drafting and conveyancing.—(1) The Executive Chairman or Chairman of the Legal Services Institution may maintain a separate panel of senior lawyers, law firms, retired judicial officers, mediators, conciliators and law professors in the law universities or law colleges for providing legal advice and other legal services like drafting and conveyancing.

(2) The Executive Chairman or Chairman of the Legal Services Institution, as the case may be, may maintain a separate panel of retired senior bureaucrats, senior executives, retired police officials, doctors, engineers, psychiatrists, marriage counsellors, chartered accountants, educationists and other experts of the specialised field for legal services and honorarium payable to them sha1l be decided by the Executive Chairman of State Legal Services Authority or the Chairman of the Supreme Court Legal Committee, as the case may be.

(3) The Member-Secretary may send a request to Senior Advocates to volunteer their pro bono professional services for rendering advice as and when required.".

8. In the Principal Regulation, for Regulation 10, the

following Regulation shall be substituted namely :—

10. Monitoring and Mentoring Committee.—(1) Every Legal Services Institution shall set up a Monitoring and Mentoring Committee for close monitoring of the court based legal services rendered and the progress of the cases in the legal aided matters and to guide and advise the panel lawyers.

(2) The Monitoring and Mentoring Committee at the level

of the High Court shall consist of :—

(i) a sitting or retired Judge of the High Court or a Senior Advocate as may be nominated by the Chairman, High Court Legal Services Committee ;

(ii) Secretary, High Court Legal Services Committee.

8 The J&K Govt. Gazette, 28th May, 2019/7th Jyai., 1941. [No. 8-1 –––––––––––––––––––––––––––––––––––––––––––––—–––—————

(3) The Monitoring and Mentoring Committee at the State or

District Legal Services Authority shall consist of,—

(i) Member-Secretary or Secretary of the Legal Services

Institution, as the case may be ;

(ii) one serving judicial officer from the State Higher Judicial

Service ;

(iii) one retired judicial officer or one Advocate of fifteen years

standing or more.

(4) The Monitoring and Mentoring Committee at the Tehsil Legal

Services Committee shall consist of :—

(i) Chairman of the Tehsil Legal Services Committee ;

(ii) one retired judicial officer ; or

(iii) one advocate of 10 years standing or more.

(5) The members of the Monitoring and Mentoring Committee

shall render their services on the days as may be required and fixed

by the Executive Chairman or Chairman of the Legal Services Institution

and the members except serving Judicial Officers shall be paid the

honorarium as fixed by the Executive Chairman.

9. In the Principal Regulation, for Regulation 11, the following

Regulation shall be substituted namely :—

1711. Procedure of the Monitoring and Mentoring

Committee.— (1) Whenever court based legal aid is provided

to an applicant, the Member-Secretary or Secretary as the case

may be, shall send the details in Form-II to the Monitoring and

Mentoring Committee at the earliest.

(2) The Legal Services Institution shall provide adequate staff

and infrastructure to the Monitoring and Mentoring Committee for

maintaining the records of the day-to-day progress of the legal

aided cases.

No. 8-1] The J&K Govt. Gazette, 28th May, 2019/7th Jyai., 1941. 9 –––––––—––––––––––––––––––––––––––––––––––––––––––––––———

(3) The Monitoring and Mentoring Committee shall assist the

Legal Services Institution in organising training programmes for

panel lawyers from time-to-time to enhance the skill of the panel

lawyers.

(4) The Monitoring and Mentoring Committee shall mentor the

panel lawyers and guide them in providing quality legal services.

(5) The Monitoring and Mentoring Committee shal1 maintain a

register for legal aided cases for monitoring the day-to-day

progress of the case and the end result (success or failure) in

respect of cases for which legal aid is allowed and the said register

shall be scrutinized every month by the Member-Secretary or

Secretary or the Chairman, as the case may be.

(6) The Legal Services Institution may request the Presiding

Officer of the court to allow access to the registers maintained

by the court for ascertaining the progress of the cases.

(7) The Monitoring and Mentoring Committee shall keep a watch

on the progress of the case by calling for reports from the panel

lwyers within such time as may be determined by the Committee.

(8) If the progress of the case is not stisfactory, the Committee

may advise the Legal Services Institution to take appropriate steps.

(9) The Committees shall meet at least once in a fortnight.

(10) The Monitoring and Mentoring Committee may meet as and

when the meetmg is convened by the Member-Secretary or the

Secretary as the case may be.

10. In the principal regulations, in regulation 12, for the words

"Monitoring Committee" occurring at both the places, the words

"Monitoring and Mentoring Committee" shall be substituted.

11. In the principal regulations, in regulation 13, for the words

"Monitoring Committee" occurring at both the places, the words

"Monitoring and Mentoring Committee" shall be substituted.

10 The J&K Govt. Gazette, 28th May, 2019/7th Jyai., 1941. [No. 8-1 –––––––––––––––––––––––––––––––––––––––––––––—–––—————

12. In the principal regulations, in regulation 15, for the words "Monitoring Committee", the words "Monitoring and Mentoring Committee" shall be substituted.

13. In the principal regulations, in regulation 16, for the words "Monitoring Committee", the words "Monitoring and Mentoring Committee" shall be substituted.

14. In Form II of the principal regulations, in the heading, for the words "Monitoring Committee" the words "Monitoring and Mentoring Committee" shall be substituted.

(Sd.) M. A. CHOWDHARY,

Member-Secretary.