HC’s proposal for establishment of 18 fast track courts gathering ‘dust’ in Civil Sectt

*Finance, Planning Deptts’ approvals awaited for infra projects

Mohinder Verma

JAMMU, Nov 21: Establishing that State Government is creating road-block instead of facilitating the judiciary in ensuring speedy disposal of the cases, a proposal of the Jammu and Kashmir High Court regarding establishment of 18 fast track courts is gathering ‘dust’ in the Civil Secretariat during the past nearly three years. Moreover, the administrative approvals of the Finance and Planning Departments are awaited for various projects relating to creation of judicial infrastructure in some districts of the State.
Official sources told EXCELSIOR that in order to ensure speedy disposal of the cases, the J&K High Court felt the necessity of establishing fast track courts in the State and accordingly a formal proposal was forwarded to the State Government through Department of Law, Justice and Parliamentary Affairs during the financial year 2013-14.
In the proposal it was specifically mentioned that establishment of eight fast track courts of the rank of District and Sessions Judges and 10 fast track courts of the rank of Civil Judges (Senior Division) would be of immense help in ensuring speedy disposal of the cases, the thrust on which is being laid by the judiciary across the country.
However, right from the very beginning no seriousness was shown by the State Government in early clearance of the proposal of the High Court thereby creating road-block in achieving the objective of ensuring speedy disposal of the cases instead of facilitating the same, sources regretted.
“The inordinate delay on the part of State Government is notwithstanding the fact that assurances were extended by the previous as well as sitting Law Minister about early clearance of the proposal that too on the floor of the State Legislative Assembly/ Council”, they said, adding though the successive Law Ministers made lofty slogans about extending all possible assistance to the judiciary in ensuring early disposal of cases yet the same didn’t become reality till date.
The then Minister for Law, Justice and Parliamentary Affairs, Mir Saifullah, while replying to the un-starred question of National Conference MLC in the Upper House on March 4, 2014, had admitted the necessity of creating fast track courts as desired by the State High Court. He had assured the House that proposal, which was under active consideration of the Government, would be cleared shortly.
Such assurances were also extended on the floor of the Assembly and Council during the subsequent sessions of the State Legislature but unfortunately no seriousness was shown in early clearance of the proposal, sources regretted while disclosing that during the past several months the file regarding creation of 18 fast track courts is gathering ‘dust’ in the Finance Department.
The Department of Law, Justice and Parliamentary Affairs has put the weight behind the proposal of the High Court but unless Finance Department clears the same no further step can be initiated for establishment of fast track courts, sources said, adding “the inordinate delay on the part of Finance Department is notwithstanding the fact that proposal can be given practical shape by making a provision of Rs 777.03 lakh only.
“It is a matter of serious concern that while State Government acknowledges that huge pendency of the cases is depriving litigants of timely justice but on the other hand it is sleeping over the proposal for creation of 18 fast track courts”, sources remarked.
It is pertinent to mention here that there are no fast track courts in the State except for five existing regular courts of Additional District and Sessions Judges which have been designated as fast track courts by the High Court to deal with cases against women. Similarly, Presiding Officers of eight courts have been appointed as Special Judges, Anticorruption for trial of corruption cases under Jammu and Kashmir Prevention of Corruption Act.
Similarly, the Finance and Planning Departments have yet not cleared several projects for creation of judicial infrastructure despite lapse of considerable period of time.
Quoting an example, sources said that administrative approval has been awaited from the Planning, Development and Monitoring Department to the Detailed Project Report (DPR) for construction of court complex at Bandipora, which was forwarded by the High Court vide letter No.41512/infra dated March 14, 2016.
The Department of Law, Justice and Parliamentary Affairs had forwarded the case file to the Planning, Development and Monitoring Department for accord of administrative approval vide UO No. LD (Sts) 2008-09/97 dated March 31, 2016. “However, response of the Planning Department is still awaited”, sources said.
When contacted, Registrar General of J&K High Court, Ashok Kumar Koul said, “we have not heard anything from the Government about the proposal regarding establishment of 18 fast track courts”, adding “hopefully, the administrative formalities will be completed by the Government as expeditiously as possible as these courts would be of immense help in achieving the objective of speedy disposal of the cases”.

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