Way back in August 2009, the Union Government, in a meeting of the Chief Ministers of the State and Chief Justices of High Courts, took a decision of establishing Gram Nyayalayas. Consequently, Gram Nyayalayas Act, 2009 was enacted by the Parliament. Since it could not become applicable to the J&K State, legislation regarding creation of Dehi Adalats on the analogy of Gram Nyayalayas in other States of the country received the assent of Governor N N Vohra on October 24, 2013. The objective behind the creation of Dehi Adalats was to provide speedy and inexpensive justice to the population at their doorsteps. Benefits of Dehi Adalats, on the basis of the terms of reference and the powers delegated to it, were immense. These Adalats have the powers to try all offenses not punishable with death, imprisonment for life or imprisonment for a term exceeding two years. Constituting Dehi Adalats meant providing quick and inexpensive justice to the aggrieved persons and at the same time it was a very practical step of reducing the huge burden of pendency with the regular courts. As such, it was expected that the State Government would take this rare opportunity by forelock and make its best use in the interests of the people of the State. Utility of such Adalats in a hilly and rather backward state would be a real relief to millions of rural population. The Dehi Adalats Act envisaged constitution of one Dehi Adalat in each of the 22 districts of the State at a cost of 333.29 lakh rupees. The staff for these Adalats was also defined. The newly created posts of Nazir, Senior Assistant, Junior Assistant and others have been referred to the Jammu and Kashmir State Services Selection Recruitment Board. A Munsiff would head the Adalats and the High Court has been approached to refer these posts to the Public Service Commission. It is here the matter has got stuck up in the bottleneck.
The State Public Service Commission is almost defunct since a long time for reasons best known to the Government. Anyway whatever be the reason, the ground situation is that since the PSC is dysfunctional, Munsiffs cannot be appointed and the entire scheme of Dehi Adalats is falling through. Thus the question of recruiting 22 Dehi Adalat Munsiffs remains in limbo. Not to speak of these recruitments, 9 posts of Munsiffs outside the proposed 22 posts were also referred to the PSC for recruitment. More than a year and half passed by and there is no sign at any place in the PSC of filling these posts. Such is the complicated process of recruitment that even if the PSC begins to work on recruitment of these posts, it will take at least an year to make the final selection, which, as has been experienced, will be followed by litigation and writ petitions.
In view of this background, it appears that the entire scheme of Dehi Adalats may or may not take off at the end of the day. It is ironic that this All India level scheme has since been implemented by most of the States of the Union. They have found it very useful. But our State has not covered even the first stage. The loss is of the masses of people who are forced to spend many times more to get justice. Justice has become the most expensive thing for a people like ours. The efforts of our policy planners are set at naught by the administrative and bureaucratic machinery. We hope that the new Government will go to the root of this problem and find out a solution to stem the rot. Dehi Adalats cannot be consigned to doldrums; these must be activated and made functional with highly satisfactory delivery status.
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