Lok Adalat doesn’t have power to convict accused: HC

Excelsior Correspondent
JAMMU, Nov 2: High Court has held that Lok Adalat does not have any power to convict the accused either on the basis of confessional statement or otherwise.
This significant judgment has been passed in a petition challenging award passed by National Lok Adalat presided over by Chief Judicial Magistrate Chadoora, whereby, the petitioner-accused in FIR No.76 of 2013 registered in Police Station Nowgam under Section 3/4 of the Public Gambling Act, 1977 has been convicted and imposed a fine of Rs 4000.
After hearing both the sides, Justice Sanjeev Kumar observed, “from the proviso appended to Sub Section (4), it is abundantly clear that the Lok Adalat does not have any jurisdiction in respect of any matter relating to an offence which is not compoundable under any law”.
“The offence under the Public Gambling Act is not compoundable. That being the position, the Lok Adalat does not have any jurisdiction to compound such offences even with the consent of the parties”, the High Court said, adding “jurisdiction of the Lok Adalat is only limited to the settlement of the offences which are compoundable under law and even in such cases the Lok Adalat has no jurisdiction to convict the accused and award punishment including the punishment of fine”.
“Needless to say that award of Lok Adalat is neither verdict nor any opinion arrived at by any decision making process. Furthermore, in terms of Section 345 Sub Section (6) of the Code of Criminal Procedure Samvat 1989, the composition of an offence has the effect of acquittal of the accused with whom the offence has been compounded”, High Court said, adding “it is the acquittal and not conviction that shall follow composition of offence”.
With these observations, Justice Sanjeev Kumar quashed the award passed by the National Lok Adalat.

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