Mohinder Verma
JAMMU, Nov 14: The confrontation between High Court and the Government is creating hurdle in making Dehi Adalats functional in Jammu and Kashmir even three years after their creation by way of enactment of legislation by both the Houses of State Legislature. In this way, providing speedy and inexpensive justice to the rural area people at their door-step has remained dream till date.
The legislation regarding creation of Dehi Adalats on the analogy of Gram Nyayalayas in other States of the country received the assent of the Governor N N Vohra on October 24, 2013 after its enactment by State Legislature and it was stated by the then Government with much hype that this step would go a long way in ensuring timely and economical justice to the people of the rural areas of Jammu and Kashmir, official sources told EXCELSIOR.
Actually, the decision regarding establishment of Gram Nyayalayas was taken in the conference of Chief Ministers of the States and Chief Justices of the High Courts in August 2009. As the Gram Nayayalayas Act, 2009 enacted by the Parliament was not applicable to Jammu and Kashmir, the State Government decided to establish Dehi Adalats at the grass root level.
In the back drop of the Dehi Adalats Act, 2013, 22 Dehi Adalats were created one in each district of the State in the first instance and at that time it was announced that Government will create more such Adalats with the passage of time so that the purpose of enacting the law is achieved, sources said.
However, even after taking decision on operational aspects these Dehi Adalats could not be made functional for want of framing of rules, which would act as beacon light for these Adalats and the rules were notified in the year 2015 albeit after much delay, they said, adding before framing rules proper concurrence was obtained from the Committee of High Court Judges, which had the mandate to take decision on this vital aspect.
Even after formulation of the rules, the same were brought to the notice of the High Court so as to initiate steps towards creation and subsequent filling up of posts of Munsiff level judicial officers for heading these Dehi Adalats, sources said, adding as per the rules, which empower the State Government to make selection of judicial officers for these Adalats, the Department of Law and Justice referred the posts to the concerned recruiting agency.
Now, the High Court has changed its stance and dashed a communication to the Department of Law, Justice and Parliamentary Affairs mentioning that High Court and not the State Government would make selection of Munsiff level judicial officers for Dehi Adalats, sources informed, adding the High Court has even asked the Law Department to carry out necessary changes in the rules governing the appointment for the Dehi Adalats.
“On the other side the Department of Law and Justice is of the opinion that since the rules were drafted after obtaining formal concurrence from the High Court and the same were conveyed before referring the posts of Munsiff level judicial officers, there is no justification behind recommending changes in the rules”, sources said, adding “due to confrontation between State Government and the High Court nobody knows when 22 Dehi Adalats would become functional to achieve the objective behind their creation”.
Had these Dehi Adalats been made functional in a time bound manner, the State Government would have been in a position to analyze their performance and take decision about opening of more such Adalats in other rural areas of the State so as to provide speedy and inexpensive justice to the people at their door-steps, sources remarked.
Stating that Dehi Adalats have vital role to play in reducing the pendency of cases in other courts, sources said that these Adalats can exercise both civil and criminal jurisdiction in the manner and to the extent provided in the Act. These Adalats have the powers to try all offences not punishable with death, imprisonment for life or imprisonment for a term exceeding two years, theft where the value of the property stolen doesn’t exceed Rs 20,000, offence relating to assisting in the concealment or disposal of stolen property where the value of such property doesn’t exceed Rs 20,000, offence of insult with intent to provoke a breach of the peace and criminal intimidation punishable with imprisonment for a term which may extend to two years or with fine and abetment of any of these offences.
As per the Act, the Dehi Adalats can also try offence related to violation of Cattle Trespass Act, Payment of Wages Act, Minimum Wages Act, the Protection of Civil Rights Act, Bonded Labour System (Abolition) Act, Equal Remuneration Act and Jammu and Kashmir Protection of Women from Domestic Violence Act.
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