HC devises mechanism to provide easy access to justice
Post Offices, Approved Centres to facilitate in filing of cases
Mohinder Verma
JAMMU, Feb 9: Fulfilling its commitment to provide justice to the people at their doorstep, State High Court has devised a mechanism whereby Camp Courts would be established for the inhabitants of the inaccessible areas of 11 districts of Jammu and Kashmir. Moreover, designated Post Offices and Approved Centres will facilitate in filing of cases so that people don’t face difficulties in getting legal remedies.
Highly placed sources told EXCELSIOR that on the basis of reports received from the District Judges of the State, it has come to the notice of the State High Court that certain areas of Kathua, Reasi, Poonch, Ramban and Kishtwar districts of Jammu division, Ganderbal, Bandipora, Baramulla and Kupwara districts of Kashmir division and Kargil and Leh districts of Ladakh division remain cut off even from the nearest courts for months together due to the vagaries of weather.
“Therefore, the people hailing from these areas remain deprived of access to justice and when judicial remedies are not available to the people located quite far away from the courts, the access to justice becomes meaningless”, sources said.
As people of these areas are either compelled to wait for months or travel long distance to get legal remedies, the High Court, on the instructions of the Chief Justice Gita Mittal, has devised a mechanism to provide easy access to justice to inhabitants of the inaccessible areas.
Under the mechanism, Camp Courts would be set up in these inaccessible areas at centrally located convenient places and formal orders in this regard have already been issued after the approval of the Full Court, sources said while disclosing that a trial in this regard has already been conducted by establishing one Camp Court at Sirshi Janakpur in Dachan area of Kishtwar district, which is functioning successfully.
Registrar General of the High Court has already been directed to identify a centrally located convenient place in each of these areas for setting up of Camp Court and compile data with regard to pending cases of these inaccessible areas.
He has also been asked to coordinate with the concerned District Judges, Deputy Commissioners and Senior Superintendents of Police for identifying the suitable buildings in these areas for holding Camp Courts, accommodation of the Judicial Officer and for ensuring security and safe carriage of record to the Camp Courts. Moreover, instructions have been issued for putting in place all other necessary facilities and arrangements for ensuring smooth functioning of the Camp Courts, sources informed.
As per the operational framework of National Legal Services Authority (NLSA), front offices of District Level Services Authority have to function as collect centres where litigants can submit their appeals, petitions, replies and responses to be filed in the High Court. However, in Jammu and Kashmir there are certain areas which remain inaccessible for months together from District Headquarters as also from the Tehsil Headquarters.
In most of these areas no courts are located and as such no offices of Legal Services Authorities are available and it is impossible for the people living in these areas to physically come to the District Headquarter for presenting their petitions before the front office of District Legal Services Authority.
In order to provide access to justice to the people living in such areas, High Court has prepared Draft Rules governing the filing of cases in the district/subordinate courts (civil/criminal) and the High Court by the persons residing in remote areas of the State. These Rules have been approved by the Full Court and are awaiting the sanction of the Government.
“A party residing in a remote area desirous of filing a case before a Judicial Magistrate may file the same before the nearest Approved Centre operated by the Government of India/State Government and approved by the High Court or the nearest Post Office established by the Department of Post in collaboration with the J&K Legal Services Authority”, read the Rules governing filing of cases by the persons residing in any of the identified remote area.
A Para Legal Volunteer/ Panel Lawyer duly appointed by any Legal Services Institution attached to the concerned Approved Centre will assist the party in drafting/filing of the case(s) at the designated Approved Centre.
In the event of filing of the case before the Post Office, the Post Master concerned shall maintain the entire record of filing of the cases both in soft form as well as in registers specially maintained for the purpose. “When the appeal/petition/complaint is physically transmitted to the court of competent jurisdiction, the Post Master shall levy the charges of a registered letter from the sender”, the Draft Rules said.
About the proceedings of litigants from remote areas, the Rules said, “the proceedings, wherever possible, may be conducted through the electronic mode between the concerned court and the Approved Centre/Post Office”, adding “all the cases pertaining to the remote areas and filed under this mechanism will be separately shown in the daily cause list and the courts shall dispose of such matters on priority basis”.
Moreover, weekly reports pertaining to the progress of such cases will be submitted by the concerned Judicial Officer to the High Court.
The inaccessible areas which have been brought under the ambit of mechanism are Marwah, Warwan and Padder in Kishtwar district; Gulabgarh belt in Reasi district; Barmota, Doulka, Roulka, Bhandar, Sandroon, Sandhi, Dhaggar, Dhaman, Bhakoga, Koti and Banjal in Kathua district; Marah, Dogrian and Poshana in Poonch district; Kangan belt in Ganderbal district; Shagan, Mahoo, Mangat, Trigam, Dhanmasta, Neel Bohardar, Pogal and Bingara in Ramban district; Upper Uri belt, Upper Rafiabad belt (Dangiwacha) in Baramulla district; Seryul Nyoma, Turtuk, Panamik, Lingshed and Skurbuchan in Leh district; Testa, Cha, Itcha, Rarumonay, Shunshaday, Kargiak, Ralakung, Itchoo and Yujjuk in Kargil district; Teetwal, Machil, Keran, Jumgund and Badnambal in Kupwara district and Gurez, Tulail, Aragam, Gujarpati, Chatti Bandi Chanapal, Groori, Hajin, Challiwan, Budiyar, Attawatu, Pawar, Taughat, Wavan and Chhandaji in Bandipora district.
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