On this day, exactly a decade before...
On September 8, 2014, Kashmir witnessed a flood like never before. River Jhelum, and its tributaries, swelled up crossing all previously known marks. The devastation caused was immense, to put it mildly.
Almost all residential areas, and business spaces were filled with water, inflicting immense damage to the economy. The streets and roads turned into waterways.
The people were cut off from each other, the government was clueless, and it was a battle for existence at the level of an individual and the family, with no means to connect to the outer world for any rescue.
That was the time when a man came forward and did something extraordinary to restore the devastated. Justice M M Kumar (Retd), then Chief Justice of J&K, passed unprecedented orders that went a long way in helping businesses and households to compensate for the loss.
D A Rashid and Wahid Bukhari of Greater Kashmir bring alive the memories of the event by interacting with the man himself, Justice M M Kumar (Retd).
Q: How did your journey begin in the legal profession?
Justice Kumar: Well, my journey is long. Right from my middle classes, my father was very keen that I should join the legal profession. Even at that stage, he asked me to pursue Urdu classes to have familiarisation with the language because most of the documents in Punjab used to be in Urdu.
After doing my LLB from Punjabi University Patiala, I started my practice in the trial court in district Sangrur and for two years I practiced there. As the dream of my father was to see me very high in the profession, he planned my career abroad. My brother, Dr J M Kumar, was a neurosurgeon in England and he organised my Masters degree there.
In 1979, I went to the UK for higher studies. In 1981, I came back and joined the chamber of a very eminent lawyer at that time, Mr Kuldip Singh who later became the judge of the Supreme Court directly from the Bar, a rare distinction for a lawyer.
In 1984 I was offered a guest faculty job at the University of Punjab, Department of Law and I started there as a part-time teacher. For six years, I taught there and practiced along. So I picked very good practice and became vice president of the Bar Association in 1991. In 1995 I was appointed as additional advocate general of Punjab and then the journey continued. In 2001, I was elevated as judge of Punjab and Haryana High Court and in 2012, I was recommended to be the chief justice of Jammu and Kashmir High Court and took oath as Chief Justice on 8th of June 2012.
Q: In 2014, a devastating flood ravaged Kashmir and you were J&K’s Chief Justice. Can you share your experience of the time, and the event?
Justice Kumar: Well, the experiences during the flood time were full of surprises. There was a big challenge because on early morning of September 8, 2014, the flood engulfed the whole Srinagar and there was hue and cry everywhere. Everyone was taken by surprise as to how it happened. So people were taking shelter on the top of the roofs and it was a very dreadful situation; everyone apprehended that many people would die, but with the grace of God the loss of life was very little, almost negligible.
The High Court was under water to about 8-9 ft. The record was damaged. The Chief Justice’s house was also under water to 7-8ft. I cannot forget the early morning of the 7th of September. Jhelum was overflowing. But nobody imagined that the flood could be of such a magnitude that the houses like Chief Justice’s House will come under water up to 7-8ft and it was just short of touching the roof. And early morning, it was around 2 am when debate was going on between the officials of the High Court and the local administration whether I should shift to Hari Niwas or I should continue to stay in the house. Mr Akhoon, who was my personal secretary at that time, ultimately suggested that there was no harm in going to Hari Niwas. So we decided to pack, and by that time the flood had reached Badami Bagh, very close to the Chief Justice’s house.
In Sonawar Chowk, one could see flood waters flowing. By the morning the Chief Justice house was under 6-ft water and by evening it was 7-8ft. Our four employees were also trapped there and they took shelter on top of the wall adjoining the mosque and by great effort they were rescued and brought to Hari Niwas. The then Governor Mr N N Vohra played a vital role in rescuing the workers and later saving my belongings from the Chief Justice’s House.
After coming to Hari Niwas, there was no clear picture emerging as to what was going to happen next and for how long the situation was going to be like that. So the next question was what to do in this situation. I drafted letter, hand-written by my daughter Dr Nisha, and it was sent to the Governor House which was adjacent to Hari Niwas. So the letter reached Mr Vohra and he in a message said kindly come over.
And we in the evening went to his house and discussed the entire situation and then I requested him that a building may be provided for running the Court. My request through a letter was forwarded to the administration and the Chief Minister held a cabinet meeting in Hari Niwas, and they did not find any solution to my problem and they eventually showed their helplessness.
And ultimately the Governor conveyed to me that they were finding it difficult to find a place. Since I was determined, I told my Registrar General, and after discussion, we found that M-6 Gupkar house was allotted to one Judge who had not occupied it. So I took the tentative decision and took it to the Full Court and all the Hon’ble Judges agreed that let the High Court work from M-6 Gupkar Road.
We informed the Governor that the transit High Court would be M-6 Gupkar road and consulted the members and the president of the High Court Bar Association, and they agreed happily. As the situation was chaotic, I thought a number of petitions would be filed seeking relief and exactly the same thing happened. There was no telephone working and the governor sent me a satellite phone and arranged various types of facilities like temporary washrooms, sitting rooms and tents for lawyers in the lawns of the M-6 Gupkar Road and within two days it was made functional. Interestingly, the Supreme Court had laid down the principle that all the admissions to MBBS, engineering colleges etc.,
should be completed by the end of September. So I had to constitute a special bench to finish those cases as otherwise students could lose their career dream of entering MBBS, MD, engineering colleges or any other profession. I constituted a special bench so that all cases concerning admission were taken care of.
Then a very interesting petition related to insurance claims came and I was informed that people were suffering. Subsequently, thirty more petitions were filed, if I remember correctly. Somebody had insured a house, someone commercial enterprise or shops for fifty lakh, one crore, two crores etc. The insurance companies were right in arguing that unless there was a survey conducted and a report by surveyor submitted, they would not be able to assess the loss and they would not be able to pay. Since the cases were many, they thought it would take two years to settle the claims.
So I told them that the purpose of necessity of having insurance would be defeated. I had the reports that people from Polo View, Lal Chowk and other areas were in deep problems and the Division Bench decided that during pendency of the petition and pendency of report by surveyors, 50% of the insured amount be disbursed. If a commercial establishment was insured for Rs 1 crore, the establishment was directed to be paid Rs fifty lakh immediately so that some relief was given to it.
I had reports that a chemist had thrown all the medicine on the road, likewise cloth merchants; provision store owners were dumping every item on the road. So, when the judgment was delivered, naturally there was some criticism because it was deviating from well settled law that unless there was report from surveyor certifying the loss, no insurance amount could be disbursed. I said extraordinary situation needs extra extraordinary remedy, and therefore I granted this.
Q: Was it difficult to ensure insurance companies comply with the order? Was this a big challenge?
Justice Kumar: This was an extra-ordinary order and there was no doubt about it, and the insurance companies did not keep quite. The then Attorney General of India, Mr Rohatgi appeared and interestingly, the then Chief Justice of India Mr H L Dattu had visited the Kashmir Valley himself.
He had seen the makeshift court. He had seen district court at Lal Chowk in 18-ft water. So he had seen everything, the deluge, the type of sludge which was there in the High court. When the matter was listed before the Supreme Court and the Attorney General argued on the basis of the law, the Chief Justice said that see the house of the Chief Justice of J&K, the plight of the people there, and dismissed the appeal.
After the dismissal, there was no doubt left that the order had to be implemented and with the teeth of contempt, the insurance companies could not have violated the directions. So I issued directions, giving them a week or ten days. So the cheques started pouring in and I could see relief on the faces of people when they were given the cheques.
Even many lawyers whose houses were under water, got the cheques. So I felt very happy that at least they had some interim relief and could be rehabilitated. And shops and commercial establishments could be refurbished. For example, a shop at Lal Chowk had 4-5 floors and at least five people working there and in this way 25 individuals were dependent on one shop. So, look at the type of relief they got. It was a slightly technical way of granting the relief and it was extraordinary to meet the requirement of justice, I think the order was required and it served very well.
Secondly, when you look at the data, if earlier in J&K there were ten people going for insurance, now it is ten times because people now have confidence and now they believe the High Court is there to give them their money. The system has proven right that your insurance is not going to be wasted.
Q: Was the order regarding 50% of payment release an instantaneous thought, or there was any precedence?
Justice Kumar: There was no precedent and there was one policy for small shopkeepers that if an establishment was insured for Rs 10 lakh, Rs 5 lakh had to be paid during the times of flood or fire. So I picked up that policy and expanded it. The Supreme Court was happy to accept this theory which I devised and later on this judgment was followed by other High Courts where floods occurred to enable immediate relief. This is the beauty of the whole thing. The revenue has not suffered but it has gained as the number of insurance cover has increased; more people are opting for it.
Q: How was this directive seen by people, especially the business community?
Justice Kumar: Well, some office bearers of confederation of industry had initially approached me and they approached me later also in the month of November, December and in January 2015. I had to demit office, so I told them that judges do not accept any award, or anything.
The people were very happy and feeling very good and relieved. A number of businessmen wanted to meet me. Then in 2018, I met a few of them and recently they welcomed and hosted me and all this data on manifold increase in insurance cover in Kashmir valley was given to me by Confederation.
Q: Does it all give satisfaction, some pleasure to know that people are happy?
Justice Kumar: I had the satisfaction of doing the job to rescue the people from crises. Another aspect, when I and my wife and daughter were rescued from Chief Justice’s House, they were with me and we came to know about the plight of the people in various camps. My wife is running an NGO and she thought we can disburse some cash but people refused to take cash because people said that they cannot buy anything.
They wanted food, clothes etc., and she gave a call to all the NGOs in Punjab and they got trucks of food, clothes and many other items of day to day use. So the satisfaction. Even the High Court staff disbursed the food and pulses so that people don’t sleep empty stomach. Every effort was made on humanitarian grounds that the people were served to the extent we could. When the Supreme Court upheld my order, it was a great satisfaction that something which I had done was liked by the Apex Court, although it was not strictly in accordance with the law. But the Supreme Court thought it was befitting order in the circumstances to meet ends of justice and equity.
The insurance companies had to shell out hundreds of crores but they got it back and it must be manifold than what they disbursed at that time. That is the beauty of the system and the system has run fully. This is what I liked about it.
Q: You could have worked from Jammu till the flood threat was over?
Justice Kumar: Had I stayed in Jammu, all these things, meeting the Governor, informing him about day to day problems and his conveying it to the Chief Minister and Chief Minister taking the decision could not have happened. Then my meeting the members of the Bar and talking to Judges that the transit court was the need of the hour and everybody agreeing and cooperating would also not have happened.
Given the response filed by authorities to the PIL regarding the post flood scenario, do you see differences then and now, especially in disaster management?
Well, I came recently to Srinagar and on the way, I saw Jhelum. I could see the earth and it means the Jhelum is full of sand and the water intake capacity of Jhelum continues to be the same. It has not improved. I do not know why some measures about de-silting are not taken. It is an expert’s job and it has to be done in an expert manner. It has to be done in a manner that the whole Jhelum is completely de-silted.
It is not the first time that Valley is facing this type of problem, and like world over these problems have been there. Dredging, and de-silting process has to be carried.
Q: Every time it rains for a few days, there is a threat of floods. What is to be done in such a situation?
Justice Kumar: I think somebody has to take a call on emergent basis. You can see what is happening in New Delhi due to heavy rains, completely ravaged, and the water in buildings is 6-ft, with basements completely filled with water. Offices working from basements devastated. So with these management techniques, drainage has to be kept clean. Responsibility has to be fixed and the public has to have civic sense. This is lacking in our country.
Q: When you were Chief Justice of J&K High Court, several PILs had been filed. Your views over implementation of orders?
Justice Kumar: As far as my period is concerned, a large number of PILs came to be filed and orders passed thereon were implemented. There was a chairman of BOPEE against whom one PIL came to be filed, and this matter was taken to logical end, ending up in his sentencing. It was an eye-opener.
The students who were scoring 80%, 90% were not securing admission in the MBBS colleges. The students with lesser marks were admitted and when they failed in their first semester, the people realised what was happening. So Chairman BOPEE, on the directions of the High Court, was arrested and it was a very successful PIL.
I also mention that senior advocate B A Bashir, who was appointed as amicus curiae, did a good job and with Justice Attar, who was my bench partner, we were able to steer through. Then other PIL during my time was hotels discharging waste directly into water bodies; I gave a deadline to hotels to have STPs and refuse must be treated. I realised nobody was taking these directions seriously and I ordered sealing of hotels across the state—Katra, Srinagar, Gulmarg, Pahalgam etc., for not installing STPs; hotels were releasing refuse directly into water bodies and there was likelihood of people falling sick. It was also a successful PIL.
Q: There is a general perception, a PIL is misused. How can this menace be stopped?
Justice Kumar: There is an inbuilt mechanism and there is a committee constituted by the Chief Justice to scan and scrutinise it. Yes, a PIL is also being misused and that misuse has to be stopped. I have no hesitation in saying that even some lawyers misuse the platform to advance the interests of private persons, and the Supreme Court has come down heavily on such practices. There is a duty cast on the high court that if the government fails to do governmental function, like no road connectivity to some village despite the government having knowledge, the High Court’s intervention is must.
