Strength of distt judiciary not being increased as per SC judgment
Mohinder Verma
JAMMU, Dec 3: Many decisions taken in the conference of Chief Ministers and Chief Justices of High Courts have failed to get required attention in Jammu and Kashmir despite the lapse of more than one and half year thereby defeating the objective of holding deliberations on the concerns of the judiciary.
Reliable sources told EXCELSIOR that in the Joint Conference of the Chief Ministers of the States and Chief Justices of the High Courts, held on April 22 and 23, 2016 at Union Capital, deliberations were held on the subjects of common concern to all the State judiciaries and accordingly several resolutions were passed for strict implementation by the concerned State Governments in consultation with the respective High Courts.
However, in Jammu and Kashmir many decisions of the Joint Conference commonly called as CMCJ Conference have not received the due attention of the concerned authorities of the State Government despite the lapse of over one and half years, sources said.
Keeping in view huge pendency of cases, both civil and criminal, in the district judiciaries, it was resolved in the CMCJ Conference that all the State Governments shall provide for at least a minimum increase of 10% per year in the cadre strength of the district judiciary in accordance with the judgment of the Supreme Court in Brij Mohan Lal Versus Union of India.
“However, increase in cadre strength of district judiciary in J&K is neither 10% per year nor in accordance with the judgment of the Apex Court of the country”, sources said. Though four courts were recently created by the State Government but their task is purely to handle the cases involving offences against the women, they added while disclosing that as per the existing strength of the district judiciary there should have been increase of at least 7 courts.
“The non-implementation of this resolution of CMCJ Conference in letter and spirit is notwithstanding the fact that pendency in J&K courts is still at alarming level”, sources said, adding “even commercial courts have not been created in all the districts and only powers have been conferred on the District Judges and this step is not helping in achieving the objective of reducing the pendency at the required rate”.
While referring to the importance of Information and Communication Technology in the judiciary, the CMCJ Conference had resolved that State Governments shall urgently resolve issue of connectivity and provide technical manpower support. It was also resolved that State Governments shall review the emoluments which are being paid to ICT staff engaged in the courts on contractual basis.
“No doubt some steps have been initiated in this regard yet the same are not sufficient to address the concerns”, sources said while disclosing that neither required number of permanent posts have been created for ICT nor the emoluments of the ICT staff have been increased. The major problem in use of Information and Communication Technology is persisting at the level of Sub-Judge and Munsiff courts where no staff is available.
While laying stress on strengthening of legal aid programmes, it was resolved in the CMCJ Conference that State Governments shall take necessary steps for sanctioning of posts of whole time Secretaries for all District Legal Services Authorities (DLSAs) so as to lesson burden on the District Judges.
“In J&K, no step has been initiated for creation of posts of whole time Secretaries of DLSA”, sources said, adding “no doubt the District Judges are trying their level best to ensure smooth functioning of District Legal Services Authorities yet most of the times it becomes very difficult for them to effectively and timely perform duties both in the courts and as Secretaries of the DLSAs”.
Similarly, there is no strict implementation of the resolution relating to strengthening of juvenile justice system whereby stress was laid on establishment of Child Protection Units, Special Juvenile Police Units, Observation Homes, Shelter Homes and Children Homes.
As already reported exclusively by EXCELSIOR, no serious attention is being paid by the State Government towards establishment of National Law University or National Law School, which was not only the announcement of the Minister for Law of PDP-BJP Coalition Government but also the resolution of CMCJ Conference.
Moreover, large number of posts are still lying vacant in the jails across J&K despite the fact that in the CMCJ Conference it was resolved that State Governments will take steps for filling up vacancies of sanctioned posts on mission mode basis, sources further informed.
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