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Testimony of doctors’ vital evidence to punish guilty: CJ Mittal

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Jammu, Nov 11: Chief Justice of J&K High Court, Justice Gita Mittal today highlighted the importance of a doctor being as the immediate responder to a victim of domestic or sexual violence and said that the testimony of doctor is the vital evidence to punish the guilty of the crime.
She called upon the doctors to use their inner conscience while attending the victims of such crimes so that their opinions become the main evidence in determining the cases by the judiciary.
The Chief Justice was speaking at a day-long training programme for presiding officers and doctors on handling survivors of sexual violence at hospitals. The training was organized under the aegis of High Court of J&K in collaboration with the Health Department and J&K State Judicial Academy.
Justice Alok Aradhe, Judge J&K High Court and Chairman of State Judicial Academy, Justice Sindhu Sharma, Judge J&K High Court, Resource Persons, Dr. Jagadeesh Narayana Reddy, Dr. Padma Deosthalli, Abdul Rashid Malik, Director State Judicial Academy, Dr. Samir Mattoo, Director Health Services, Jammu, Judicial Officers, doctors and other members of the legal fraternity were present in the workshop.
Justice Gita Mittal said that the purpose of holding this important programme is to explain the significant role a doctor plays in helping a victim to get justice at times.
She said, “in a case of domestic violence, a doctor while trying to ascertain the reasons behind the patient’s condition, usually records the patient’s history. “If the victim dies, the same statement recorded by the doctor before the death of the patient and is treated by the Judge as the “dying declaration” of the victim. The dying declaration, supported by the testimony of the doctor confirming that the victim actually made that statement, can be relied upon to convict the husband or the in-laws or whosoever has committed the crime, and at times it could even be relied upon to punish the accused as per law.
The CJ called for organizing frequent interactions between doctors and lawyers to clear doubts that gets created at various instances while delivering the professional duties.
She also deliberated on the needs to be done if the medical examination of a victim of sexual violence records no evidence of rape. “Rape is not a medical term, it is certainly not taught in the medical books. It has been interpreted after the 2013 amendment to the law and has several nuances and connotations, including outraging modesty and other terms. These are all legal expressions. So what the doctor has to record while doing a medical examination of a patient is debatable,” she added.
She also explained the reason why it is important to sensitize the doctors regarding some legal knowledge and how they are supposed to react when they get a summon from the court.
“If a doctor is supposed to come to court as a witness, however, at the same time he/she gets an emergency call from the hospital to attend a patient urgently. What should a doctor do in such a circumstance? Whether to go to court and or to attend the patient and face the legal warrant afterwards ?. Therefore, it is important that doctors are aware with the law and how to deal in such circumstances,” said the Chief Justice.
The resource persons deliberated in length and breadth on several issues on the subject and also enlightened the participants on the advancements on this particular subject.
The discussion on gender issues revolved around on understanding circumstances and context in which sexual violence occurs, while as forensic issues during survivor’s examination were deliberated upon under legal issues and laws governing sessions.
Director J&K State Judicial Academy, Abdul Rashid Malik conducted the proceedings of the workshop and introduced the subject to the participants.


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Adv Ganai urges stakeholders to work for developing robust education system

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Srinagar, Mar 21: Advisor to Governor, Khurshid Ahmad Ganai on Thursday urged the stakeholders— including private schools to work efficiently for providing quality education to the student community at all levels.

Speaking to scores of delegations during a day-long public hearing under the aegis of Governor’s Public Grievance cell, here at Church Lane, Ganai emphasized that robust education sector was vital for overall growth of the state.

During the camp, the Advisor met around 40 delegations and scores of individuals from across the Kashmir division—who apprised him with various issues and problems faced by them.

 

A delegation of Private School Association of Jammu and Kashmir led by its president, GN War appraised the Advisor about various initiatives in the private schools. He sought education-friendly decisions from the government to encourage education providers. The delegation suggested that there was a dire need of establishing State Education Council—which could work for the betterment of the educational sector in the State.  

Lauding the efforts of the private schools, Ganai said that it was commendable the way private schools stakeholders were providing quality education despite many odds. He said that Jammu and Kashmir could become a hub of educational activities only when all the stakeholders would come forward and work for the betterment of educational sector.

The Advisor also received feedback from the delegation about the facilities available in their schools.
Interacting with delegation, Ganai urged them to observe ‘Punctuality Week’ in schools from 1 to 6 April.  He said the schools need to be made a place where the children are willing to go and attend their classes regularly.

Meanwhile, several other delegations including delegation from Pahoo Pulwma, Soibugh, Budgam, Anjuman Falah Islam, Harwan, Srinagar, delegations of FOs from Department of Horticulture, Delegation of Sarpanchs, Delegation from NGO Sunrise, Delegation of PhD scholars of Department of Linguistics, University of Kashmir. Deputations from various areas including Soura, Bandipora, Sopore, Ganderbal among other areas also called on the advisor and apprised him about various issues of their areas.

Ganai said that Governor’s Administration was taking every possible step to ensure quality education was provided to students at all the levels—including the students from far off areas.
After listening to the delegations, Ganai directed the concerned officials to reach out to the people and address their issues at an earliest.

Earlier, a delegation of All Jammu and Kashmir (Hajj and Umrah) Private Tour Operators met Advisor Ganai—appealing him to enhance the quota for the State.
Ganai assured that some positive developments in this regard would follow soon. He informed delegation that he would personally take up the matter with the concerned union ministry and address their grievances.

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Aspirants demand postponement of KCS Judicial (Main) exam

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Srinagar, Mar 21: KCS judicial exam aspirants demand postponement of main examination which is scheduled to commence from 23rd march on the grounds of the sub-judice matter of the selection process which has created uncertainty over the fate of the examination and disturbed aspirants’ preparation.
Aspirants maintained that the process of examination is challenged in Jammu wing of High Court and the honorable court held that the selection process is subject to the outcome of the writ petition. The court sent a notice to JKPSC to file objection to the issues raised by the petitioners.
“JKPSC has changed the rules of the examination in the middle of the game which is against the Supreme Court judgments. JKPSC in its date sheet notification for main examination dated 29-12-2018 makes no mention of the question paper-cum answer books where as a separate notification dated 01.02.2019 whereby it has been decided that the question paper-cum answer books shall as far as practicable be used henceforth for the competitive examinations. The aspirants came to know of this change in the rule by the Instructions on the Admit cards issued in March”, an aspirant told Kashmir News Service (KNS).
The aspirants maintained that JKPSC is pushing them into a depression hole. “We have prepared in accordance with the earlier examination pattern. In the earlier pattern a candidate was not bound to write in a limited space and continuation answer sheets were provided. It is a natural principle that a new rule has a prospective effect and not a retrospective effect. Giving the rule retrospective effect is ultra-vire and is challenged in the court of law”, said another aspirant.
Controller of examination, JKPSC, Shabir Hussain Keen said, “We will file objections in HC and prove the fairness of the selection process there. As of now there will be no deferment in the already notified dates for the examination and the aspirants should instead focus on their studies.”
Pertinently, JKPSC has been in the controversies for most of the recruitment processes be it KAS, 10+2 lecturer, Assistant Professor or KCS judicial examination. In the recent KAS controversy JKPSC is dragged to HC and SC for the faulty digital evaluation which was not supported by the rule of law. More than 500 cases are pending in HC and SC against the commission.

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PC leader Salam Ud Din Bajad joins NC

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Srinagar, Mar 21: Noted broadcaster, Former Deputy Director General Doordarshan Kendra Srinagar, Chief Editor Nawa-e-Qoum and PC 2014 Baramulla LS candidate Salam Ud Din Bajad on Thursday joined Jammu and Kashmir National Conference.
Welcoming former Broadcaster into the party fold, party vice president Omar Abdullah said, “Our party stands for equitable development approach for meeting the needs of under-served communities through policies and programmes that reduce disparities by fostering development towards creating strong and vibrant communities.”
Party vice president, while welcoming the new entrant said, “The party will surely benefit from Bajad sahib’s experience in public life.”
Senior leaders Muhammad Ramzan choudhary, Muhammad Akbar lone, Nasir Aslam Wani were also present on the occasion.
Bajad is also Secretary Gujjar Desh Charitable Trust Sunjuwa By pass Jammu and also a trustee of J&K Peoples Educational Trust. He is also associated with many social and literary organizations.
Meanwhile in a separate function at party head quarters Nawa- e –Subha, Srinagar, party general secretary Haji Ali Muhammad Sagar welcomed the new entrant into the party fold. Among others Qaisar Jamheed Lone, Javed Dar, Ghulam Hassan Rahi was also present on the occasion.

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