Jammu, Feb 15: J&K Department of Law, Justice and Parliamentary Affairs has cautioned all the Officers In Charge Litigation (OICs), concerned Law officers, government counsels, dealing with the litigation of the Union Territory of Jammu and Kashmir at different levels, against the delay in filing of appeals, LPAs, writ petitions, SLPs or applications.

They have been asked to strictly comply with the Limitation provisions.

In this connection, the department has issued a detailed set of guidelines also providing for the constitution of divisional and administrative level committees for monitoring of litigation in the Union Territory of Jammu and Kashmir for filing of appeals, LPAs, writ petitions, SLPs, applications, and strict compliance with Limitation provisions.

The guidelines have been issued after it has been observed that the references seeking accord of sanction for filing of appeals, LPAs, Writ petitions or SLPs or applications etc are more often being referred to the Department of Law, Justice and Parliamentary Affairs at fag end, after the expiry of the limitation period prescribed for availing of remedies against the judgments or orders.

“Such cases require applications seeking condonation of delay, which are drafted in casual and vague manner without giving the material particulars or details in this regard and without setting out the valid and plausible reasons for seeking condonation of delay,” noted Commissioner Secretary, Law, Justice and Parliamentary Affairs, J&K, Achal Sethi.

Taking exception to it, the Commissioner Secretary, J&K Law, Justice and Parliamentary Affairs, has pointed out that the matters are not being dealt with utmost seriousness and with due promptitude and despite the strict timelines involved in such matters, casual and lackadaisical approach on parts of the various departments of the Union Territory of Jammu and Kashmir is resulting in avoidable delay, filing of belated appeals, petitions along with applications for condonation of delay, in certain cases, dismissal of matters on the ground of limitation alone, thereby causing grave prejudice to the interests of the Union Territory of Jammu and Kashmir.

According to Sethi, the Department of Law, Justice and Parliamentary Affairs, pursuant to the Administrative Council Decision No 35/4/2021 dated March 10, 2021, has issued Government Order No 1673-JK(LD) of 2021, Government Order No 1675-JK(LD) of 2021, Government Order No 1676-JK(LD) of 2021, Government Order No 1677-JK(LD) of 2021 and Government Order No 1678-JK(LD) of 2021 dated March 24, 2021 clearly delineating the duties, responsibilities, and timelines to be adhered to by Officers ln Charge Litigation (OlCs) or Law officers or Government counsels while handling litigation on behalf of the government.

The High Court of Jammu and Kashmir and Ladakh has also issued directions from time to time for government litigation. ln furtherance, circular instructions and SOPs were issued to arrest delays in filing appeals, writ petitions, LPAs and SLPs.

“All Law Officers posted in Departments, Directorates’ Organisations and Corporations were directed to adhere strictly to the prescribed measures. In this context it would not be out of place to mention that the Schedule appended to the Limitation Act, 1963 prescribes the time period within which the remedies of appeals or applications are to be filed,” Sethi mentioned.

In this connection, he refers to Section 5 of the Limitation Act, 1963. Section 5 confers upon the courts the discretionary power to admit any appeal or application (except that under order XXI of the Code of civil Procedure, 1908) if filed after the expiry of the prescribed period of limitation, provided the erring party is able to show to the court a sufficient cause for not filing the same within the stipulated period of limitation, and the court is satisfied with sufficiency of such cause.

It is only in cases, where such “sufficient cause” for the resultant delay in filing or presenting of the appeal or application is shown by the defaulting party, and the courts are satisfied with the explanation and sufficiency of such cause that the recourse to Section 5 of the Limitation Act may be taken by the courts, and in exercise of its discretion, the delay be condoned and thereby admit the appeal or application.

Sethi also refers to the Supreme Court judgement in Shivamma (dead) by LRs versus Karnataka Housing Board & Others, Civil Appeal No 11794 of 2025 (2025 INSC 1104) vide judgment dated September 12, 2025 which has elaborated upon the strict applicability of the provisions of the Limitation Act, 1963.

“lt has further been held by the SC that the state and its instrumentalities cannot seek leniency or condonation of delay on grounds of administrative delays, file movements or official negligence,” Sethi points out.

In view of the specified directions issued by the Supreme Court and in continuation to the circular instructions issued from time to time, Sethi has instructed all the officers in Charge Litigation (OICs), concerned Law officers, government counsels, who are dealing with the litigation of the Union Territory of Jammu and Kashmir at different levels, to comply with the set of guidelines issued in letter and spirit.

The government counsels have been impressed upon that as soon as the orders or judgments are passed by the courts or Tribunal, they should apply for the certified copy of the same on the same date. On date of receipt of the order or judgment, same shall be forwarded to the Department of Law, Justice and Parliamentary Affairs or Directorate of Litigation, Kashmir or Jammu specifically indicating therein the date of application for certified copy, and date of receipt of judgment, along with his or her concrete opinion on merits of the case, as to whether the case is fit for filing of appeal or not. In both cases, i.e., filing of an appeal or implementation of the judgment, reasons should be clearly recorded by the government counsel.

As soon as the judgment or order in any case involving the government department is passed, the Divisional Level Committee comprising Director Litigation Kashmir and Jammu; Deputy Director or Assistant Director Litigation in the concerned Directorate and Law officer posted in the concerned department will examine the judgment and order and forward the same to the concerned department along with statement as to period of limitation and also upload the same in JKLMS in the prescribed format.

“There should be no delay in filing of appeal or writ petition or LPA or SLP etc., however, in exceptional cases where there is delay, the application for condonation of delay should not be drafted casually and in a routine manner without proper application of mind,” Sethi has cautioned.

“All persons who are dealing with the litigation at different levels must discharge their duties with utmost sincerity and commitment and be mindful of their responsibility There shall be accountability at every level. If any Officer in Charge Litigation (OlC), government counsel is found negligent in handling court matters, the Law department after seeking report from the Divisional Level Committee and Administrative Level Committee will, after full scrutiny, fix responsibility, when good cases are lost or adverse orders are passed in any matter against the government,” Sethi added.

He warned that the Department would consider taking appropriate action against all those found involved in accordance with the rules, including remarks of officer’s conduct in APRs.

“These instructions shall be implemented strictly in letter and spirit to safeguard government interests and ensure compliance with statutory timelines,” Sethi said.

Bhaderwah, Feb 15: An avalanche blocked the Bhaderwah-Pathankot inter-state road in Doda district of the Union Territory on Sunday, leaving dozens of vehicles stranded, a police officer said.

Superintendent of Police Bhaderwah Vinod Sharma said the avalanche struck between Thanthera and Guldanda, around 18 kms from Bhaderwah town, around 5 pm. No casualties were reported.

Guldanda is a famous winter destination in the Jammu region, and over 250 vehicles carrying tourists had crossed the area when the avalanche occurred, he said.

He said a few dozen vehicles belonging to local vendors have been stuck. Men and machinery have been pressed to clear the road.

The highway connecting Bhaderwah with Basholi in Kathua was reopened for traffic earlier in the day by the Border Roads Organisation after the successful completion of a snow clearance operation that lasted more than two weeks.

The SP said the road is likely to be thrown open for traffic by 9 pm.

Jammu, Feb 15: Lieutenant Governor Manoj Sinha on Sunday urged the people to harness power for societal transformation and craft a blueprint for a prosperous India that lights the world’s path.

The Lieutenant Governor was speaking at the commemorative event on the occasion of 508th Nirvan Diwas of Sant Kabir, organised by Shiromani Sant Kabir Bhavan at Chak Avtara Bishnah, Jammu.

The Lieutenant Governor stated that Sant Kabir’s eternal wisdom and his message paves a brighter societal path, deepening our unity while forging spiritual and material triumphs for the nation.

He said that the legacy and philosophy of Sant Kabir is shining brightest today, awakening society’s inner soul.

“India’s greatest strength is its ability to master Tech and Tradition, Microchip and Mantra. Our ancient roots and digital branches, modern tools and timeless values of ancient sages are perfect blueprint for 21st Century success and prosperity.

India is stepping forward to guide the world toward peace and prosperity through its great saintly tradition and timeless values,” the Lieutenant Governor said.

The Lieutenant Governor emphasized that India’s timeless mantra “Vasudhaiva Kutumbakam”—the world as one family—holds unprecedented relevance today.

“As global divisions deepen in economic and strategic realms, India’s timeless wisdom offers a vision where unity, peace, and joy become a universal way of life.

In the face of civilizational threats, the world will turn to India for grounding,” the Lieutenant Governor said.

The Lieutenant Governor also called upon all the sections of society to discharge their shared duty to eliminate economic gaps and social division and embrace inclusion and constitutional values for true harmony.

Responding to the demands, the Lieutenant Governor reiterated the commitment of the Government of India to resolve the issues of reservation in promotion and a gazetted holiday on Sant Kabir Jayanti in UT of J&K.

Dr Rajeev Bhagat, Member of Legislative Assembly from Bishnah; Faqir Chand Bhagat, Chairman, Shiromani Sant Kabir Bhavan; Vipen Kumar, Chairman All Jammu Based Reserved Category Employees Association, senior officials, prominent citizens and people from all walks of life were present.

Jammu, Feb 15: In a swift and coordinated operation amid extreme weather conditions, the Border Roads Organisation (BRO) on Sunday reopened the strategic Bhaderwah–Bani–Basohli national highway, restoring connectivity between Doda and Kathua districts of Jammu and Kashmir, a defence spokesman said.

The recent spell of intense snowfall at Chattergala Pass had disrupted vehicular movement along the 65-kilometre stretch, temporarily snapping the crucial link between the mountainous regions, the spokesman added.

Demonstrating operational readiness and commitment to maintaining all-weather connectivity, he said that the 69 and 118 Road Construction Company (RCC) of the 35 Border Roads Task Force (BRTF) under Project Sampark of the BRO launched an intensive snow clearance drive in challenging terrain near the Ashapati glacier and the foothills of Mount Kailash.

Despite deep snow accumulation, sub-zero temperatures and difficult working conditions, the teams deployed men and machinery round-the-clock to restore traffic well ahead of the usual seasonal schedule, the spokesman mentioned.

He emphasised that the timely reopening has ensured the safe movement of essential supplies, emergency services, local commuters and private vehicles, providing significant relief to residents and businesses in the region.

With the road now open to traffic, normal movement has resumed along the corridor, reinforcing BRO’s motto of delivering infrastructure excellence under the most demanding conditions, the spokesman said.