The High Court Wednesday directed the Chief Secretary and Advisor of the union territory of Ladakh to apprise the court about the steps taken for the appointment of the counsels who would conduct cases on behalf of the Ladakh UT before the court.
The direction was passed after the government’s counsel Raisuddin Ganai submitted that he does not know as to what arrangement was made for the appearance of the counsels in respect of the cases pertaining to the Ladakh UT on the application of Jammu and Kashmir Reorganisation Act, 2019.
He submitted that in terms of the scheme of the act, all affairs of Ladakh were now regulated under the control of Lt Governor with the aid and advice of the advisors.
Ganai submitted that in terms of Section 3 of the act, the Union Territory of Ladakh has came into being and the “Kargil and Leh districts” of the UT cease to form part of the erstwhile state of J&K.
He informed the court that the other aspect of the matter is that after the application of the act the High Court is maintained as the “common HC” for the UT of J&K and UT of Ladakh in terms of Section 75 of the act.
“Therefore, the cases pertaining to Ladakh can be heard and adjudicated by this court even on application of the act but the difficulty in adjudicating upon such cases is now the representation of the Union Territory of Ladakh,” Ganai submitted adding that no appointment was made on this behalf as to how the cases pertaining to the Union Territory of Ladakh would be conducted on behalf of the government.
The court after hearing the counsel observed that the difficulty was faced by the court in a number of cases.
“Therefore with a view that the problem is addressed and the progress of the cases is not hampered on this count, the Chief Secretary and Advisor of the UT of Ladakh shall apprise the court about the steps taken for the appointment of counsels who will be conducting the cases on behalf of the UT of Ladakh before this court,” the court directed.
The court listed the matter for the next hearing on December 3, 2019.