High Court Bench in Ladakh will bring justice to people’s doorstep”: Adv Haji Mustafa

HABEEL SAGAR

LEH: The Centre’s decision to approve a High Court Bench of the High Court of Jammu & Kashmir and Ladakh in Ladakh has been welcomed as a landmark step towards bringing justice closer to the people, with legal fraternity members describing it as a major relief for litigants who have long faced difficult and costly journeys to Jammu or Srinagar.

Speaking to The Earth News, advocate Haji Mustafa said the decision would significantly strengthen the “access to justice” framework in Ladakh and reduce the geographical and financial barriers that have discouraged people from pursuing legal remedies before the High Court.

“Access to justice is a fundamental right, and this decision will bring justice closer to the doorstep of the people,” Mustafa said, stressing that litigants from remote and far-flung areas have traditionally had to undertake expensive and arduous journeys to approach the High Court.

At present, legal matters from Ladakh have involved different jurisdictions, with Kargil-linked matters being heard in Srinagar and Leh-linked matters in Jammu. According to Mustafa, a High Court Bench in Ladakh could substantially reduce the need for such travel, saving litigants both time and money while making judicial remedies more accessible.

He said the proposed Bench could also make it easier for people to challenge administrative decisions, seek constitutional remedies and approach the High Court through Public Interest Litigations (PILs), particularly in cases where the distance and cost of travelling outside Ladakh had previously acted as a deterrent.

“The hardship of travelling to Jammu or Srinagar, arranging a lawyer and managing the expenses often becomes a major obstacle. Once the High Court is accessible here, those barriers will come down,” he said.

While welcoming the decision, Mustafa underlined that the location and operational structure of the Bench will be crucial to ensuring that the objective of access to justice is actually achieved. Given Ladakh’s vast geographical area and difficult winter conditions, he argued that merely establishing a Bench at one location may not be sufficient to serve the entire population effectively.

He suggested that the arrangement should ensure parity between Leh and Kargil, either through a suitable location accessible to both regions or through a circuit-bench mechanism, similar to the broader judicial arrangement that exists in Jammu and Kashmir.

 “If the Bench is established only at one place, people from remote areas such as Zanskar or Nubra could still face considerable difficulty, particularly during winter. The objective of access to justice can be fully achieved only when both Leh and Kargil are adequately covered,” Mustafa said.

He pointed to the functioning of the Central Administrative Tribunal (CAT), whose sittings in Leh and Kargil have provided people greater access to judicial remedies, as a possible model for ensuring wider geographical accessibility.

Mustafa also stressed the importance of ensuring that the High Court Bench functions regularly and permanently, rather than merely holding periodic sittings.

He said that while the initial approval itself was a major development, the real benefit to the public would depend on how effectively the decision is implemented, including the frequency of sittings, jurisdiction and availability of judicial and administrative infrastructure.

He expressed hope that the arrangement could eventually include a Division Bench as well, which would further reduce the need for litigants to travel outside Ladakh in cases requiring an appeal before a higher bench.

The proposed High Court Bench, Mustafa said, would also create significant opportunities for Ladakh’s lawyers and young legal professionals.

With a High Court institution established in the UT, he said, opportunities could expand for practising advocates, junior lawyers and other legal professionals. He also pointed to the potential for greater representation of local lawyers in higher judicial and legal institutions.

According to him, the High Court ecosystem would require various legal and administrative positions and could therefore generate new employment avenues for local youth.  “Whenever a major institution comes to Ladakh, it creates opportunities. A permanent High Court Bench would open avenues not only for litigants but also for lawyers, aspiring legal professionals and the wider workforce,” he said.

Mustafa further argued that a stronger High Court presence in Ladakh could enhance accountability in administration by providing residents with a more accessible constitutional forum to challenge arbitrary or unlawful decisions.

He said easier access to the High Court could also encourage greater use of PILs and appeals, as people who might previously have avoided litigation because of the cost and inconvenience of travelling to Jammu or Srinagar would have a judicial forum closer to home.

He described the development as a potential “win-win situation” for Ladakh, particularly for litigants who have struggled to pursue appeals from subordinate courts because of the geographical distance involved.

Mustafa noted that establishing a High Court Bench in Ladakh has been a long-standing demand of various sections of society and the legal fraternity, including issues repeatedly raised in discussions surrounding Ladakh’s post-UT institutional framework.

Welcoming the Centre’s decision, he said the announcement should now be followed by a carefully designed implementation mechanism that takes Ladakh’s geography, winter conditions and the needs of both Leh and Kargil into account.

For ordinary citizens, he said, the significance of the decision ultimately lies in one principle: justice should not become inaccessible simply because of distance.

Calling the announcement a moment of celebration for Ladakh, Mustafa congratulated the people of the UT and said the establishment of a High Court Bench could mark a major transformation in the region’s judicial landscape—provided its implementation ensures genuine, regular and geographically equitable access to justice.