*RG says further laxity to invite appropriate action
Mohinder Verma
JAMMU, May 25: In a bizarre situation, numerous members of subordinate judiciary are adopting non-serious attitude towards repeated directives/instructions from State High Court on several vital aspects. Now, the Chief Justice has decided to take some stringent measures to ensure that speedy disposal of cases doesn’t become casualty any more.
Sources told EXCELSIOR that during the past several years the J&K High Court is laying stress on listing of adequate number of cases on daily basis in the subordinate courts with the objective of providing timely justice to the people and at the same time ensuring speedy disposal of the cases.
Even several circulars were issued to the subordinate judiciary by the office of Registrar General of the J&K in this regard while expressing serious concern over numerous judicial officers listing few cases and sit in their chambers post lunch-break, sources said. Moreover, the guidelines laid down by the High Court vide Notification No.1062 dated March 8, 2016 lay thrust on speedy disposal of the cases by all the judicial officers.
However, it has been observed that numerous judicial officers have not mend their ways and are still soft-paddling on the speedy and timely disposal of the cases, sources said, adding “during the recent inspection of the subordinate courts by the Portfolio Judges or Registrar Vigilance, it has come to the fore that repeated instructions have not been taken seriously till date”.
“It is being observed that judicial officers usually don’t list adequate number of cases on daily basis resultantly official time is not utilized properly”, reads Circular No.36 dated May 21, 2016 issued by the Registrar General, M K Hanjura, adding “all the Presiding Officers of the subordinate courts are enjoined upon to list reasonable number of cases on each working day so that entire official time is utilized properly”.
According to the sources, the High Court has brought the attention of all the judicial officers to the guidelines laid down for recording ACRs and they have been told explicitly that promptitude in disposal of cases is being monitored regularly and same would be the main yardstick to assess their capability.
“Not only on listing of adequate number of cases, the judicial officers are also paying scant attention towards the directives about maintaining punctuality”, sources said while informing that the then Registrar General of J&K High Court, Kaneez Fatima vide Circular No.12 dated October 10, 2015 had impressed upon all the officers/officials of the subordinate judiciary to ensure punctuality and strict adherence to the office timings.
She had further conveyed to the subordinate judiciary in explicit terms that if any officer or official has to avail leave on any count, same shall be availed only after due sanction and in case of emergent casual situation, the casual leave must reach to the controlling officer well before the same is availed.
It was also stated in the circular that any violation will be viewed seriously and appropriate action shall be initiated.
However, the situation has not improved, which is evident from the Circular No.35 dated May 21, 2016 issued by present Registrar General, which states: “Despite numerous circulars already in place, every now and then incidents are being noticed regarding leaving the station unauthorizedly/ proceeding on leave without proper sanction of the competent authority by the judicial officers as well as by the staff of the subordinate courts”.
While reiterating the earlier circulars on the subject, the Registrar General has once again impressed upon all the Presiding Officers of subordinate courts to exercise complete control over their staff and ensure punctuality. “In case of further non-compliance both Presiding Officer and concerned delinquent official shall be made answerable”, the Registrar General said.
What to talk of ensuring punctuality and listing adequate number of cases on daily basis, numerous Presiding Officers of subordinate courts are also not furnishing timely information on various other aspects to the Registrar General’s office.
One of the testimonies of dilly-dallying approach in this regard is communication No.6402-10 dated May 19, 2016 whereby Deputy Registrar has conveyed displeasure to Principal District and Sessions Judges of seven districts over slackness in furnishing information with regard to under-trial prisoners.
“Vide Circular No.14 dated December 12, 2015, the High Court had sought information regarding undertrial prisoners but the same was not furnished despite lapse of several months prompting the Deputy Registrar to issue reminder to these Judges”, sources said, adding similar slack approach was also adopted towards another communication No.40795-817 dated March 1, 2016 whereby information regarding slow pace of Fast Track Courts was sought from the Principal District and Sessions Judges of 16 districts.
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