Abrar A. Mattoo
SRINAGAR, August 11: J&K Right to Information Movement led by Dr Sheikh Ghulam Rasool has filed a complaint with regard to professional misconduct against Advocate Aijaz Ahmad Chishti who is amicus curiae in a Public Interest Litigation (PIL) being heard by the Jammu and Kashmir High Court on land grabbing and encroachments in world famous tourist resort Gulmarag.
The complaint, a copy of which is in possession of Kashmir Despatch, has been filed on ground that the lawyer, despite being the Amicus Curiae in the PIL has represented private parties by filing applications on their behalf which indicates a clear conflict of interest and a serious impediment in the administration of Justice.
It’s pertinent to mention here, since the year 2012, Gulmarag PIL titled Mohammad Rafiq Zargar Vs. State of J&K is one of the most critical litigations pending in the court of Chief Justice of Jammu-and-Kashmir. The litigation pertains to the encroachment of thousands of Kanals of state forest land and irreversible environmental damage caused to the eco-fragile health-resort by hoteliers and other commercial enterprises.
“He has filed applications including MP No. 03/2018 on behalf of Nisar Ahmed Bhat and another application under IA No. 01/2019 (in CRMC No. 90/2017) on behalf of Abdul Ahad Ganai, both of whom have been implicated in cases of illegalities involving forgery/ fraud to grab State land in a Crime Branch investigation,” the complaint filed by the RTI Movement reads.
Surprisingly, a report filed by the Crime Branch in a complaint (PV(K)140/15) against the members of the land mafia in Gulmarag confirms that the clients of Mr. Aijaz Chishti have encroached on state land and have gone to the extent of tampering with official government records including the revenue record.
It is important to note that the High Court had previously ordered the authorities to register FIR against the same individuals and file a compliance report.
“Amicus curiae, also known as a friend of the court, can play an important and sometimes critical role in appellate advocacy by bringing relevant facts and arguments to the court’s attention. In that context, the role played by the said lawyer is worthy of condemnation,” Khurram Qureshi, one of the members of the J&K RTI Movement commented while talking to Kashmir Despatch.
Subsequently, the Court of Hon’ble Chief Justice of Jammu and Kashmir directed the members of the J&K RTI Movement to file a copy of the complaint with the Reader and assured that due action would be taken.
The complainants have demanded that the lawyer be immediately suspended from rendering his services as Amicus Curiae and that strict disciplinary action is taken against him, including the cancellation of his license.
However, when Kashmir Despatch contacted Mr. Aijaz Ahmad Chishti to record his take on the charges leveled against him by the J&K RTI Movement, he refused to make any remarks on the subject.
