Today, On 2nd August, The Supreme Court advocates for establishing a separate Debts Recovery Tribunal for Jammu & Kashmir. A Bench led by Justice Abhay S. Oka suggested that the virtual hearing capabilities of the Chandigarh DRT should not prevent this development. The move aims to address the specific needs of the region more effectively.
New Delhi: The Supreme Court, On Friday, urged the Central government to take steps towards establishing a Debts Recovery Tribunal (DRT) in the Union Territory of Jammu and Kashmir. At present, the DRT in Chandigarh handles cases from Jammu & Kashmir.
A Bench comprising Justices Abhay S Oka and Augustine George Masih questioned Solicitor General Tushar Mehta on the rationale behind setting up DRT benches in all States if accessing the Chandigarh DRT virtually considered a practical solution for the region.
The Court emphasized the distinct topography of Jammu & Kashmir, asserting that this necessitates the presence of a DRT bench in the area.
The Bench remarked,
“If virtual access to Chandigarh DRT is feasible, why is the government establishing tribunals and benches in every State? Considering the unique topography of Jammu & Kashmir, a dedicated DRT bench is essential.”
The Supreme Court was addressing appeals against SARFAESI proceedings in Jammu & Kashmir when Solicitor General (SG) Tushar Mehta.
Representing the Central government, stated,
“My lords, this will have to be heard. As of now, they can approach Chandigarh DRT virtually so they do not lose a remedy.”
This statement led the Court to emphasize the necessity of establishing a DRT bench in Jammu & Kashmir.
In response, the SG assured the Court that he would do his best to address the issue in his professional capacity.
The case involves challenges to an April 12 verdict by the Jammu & Kashmir and Ladakh High Court. The ruling was issued by a Bench led by then Chief Justice N Kotiswar Singh, who has since been elevated to the Supreme Court.
Individuals and businesses approached the High Court, contesting the recovery proceedings initiated by Jammu and Kashmir Bank for unpaid debts. They argued that the need to travel to Chandigarh hindered their access to justice, a right guaranteed under Article 21 of the Constitution.
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The High Court ruled that, despite the availability of the statutory remedy of approaching the Chandigarh DRT, the pleas under Article 226 were maintainable. This prompted the Bank to appeal to the Supreme Court.
In November 2021, the Central government extended the jurisdiction of the Chandigarh DRT to include the Union Territories of Jammu & Kashmir and Ladakh.
The Bank’s appeal filed through the law firm MV Kini & Associates.