Neeraj Rohmetra
JAMMU, May 11: More than six months after the passage of bill for establishment of Dehi Adalats (Rural Courts), the State Government has failed to take further steps for creation of these courts, which were aimed at providing people access to justice at their doorsteps.
Reliable sources told EXCELSIOR, “as per the actual proposal, which had been formulated in consultation with High Court Authorities, 22 Dehi Adalats were to be established – one in each district of the State on the pattern of Gram Nyayalayas in other States of the country”, adding, “though the exchange of communication has been taking place for the past several months, nothing concrete has happened on ground”.
“Around five months back, the three-members Committee headed by Chief Justice had sent all the relevant details about the operational issues including jurisdiction, headquarter location, infrastructure requirement, manpower and other details to the State Government”, sources said adding, “subsequently, the State Government had to take the follow-up steps like referring of posts to the Public Service Commission (PSC), providing funds for creating the required paraphernalia, etc. but little had happened in this direction.”
Sources said, “though Government incumbents claimed that posts for making the Dehi Adalats had been referred to PSC, officials sources in the latter have categorically denied the same”.
“As per the initial proposal, One Dehi Adalalt would be established in each district of the State at annual expenditure of Rs 333.29 lakh and if such Adalats yield encouraging results their number would be increased”, source elaborated.
“The purpose for setting up of village courts is to for provide access to justice to people at the grass root level and ensure that opportunity of Speedy Justice is not denied to any citizen by reason of social, economic and other disabilities. It was also believed that the constitution of these courts would also help to reduce the pendency of cases in the courts”, sources asserted.
Pertinently, On October 10, 2013 the Jammu and Kashmir Legislative Council passed a bill by the Upper House through a voice vote after discussions seeking setting up of village courts in the State to speed up justice delivery system in rural areas. Earlier, the State Assembly had passed the bill on October 8 through a voice vote.
It is worthwhile to mention here that in the conference of Chief Ministers of States and Chief Justices of the High Courts held in August 2009, it was decided that State Governments in consultation with respective High Courts will establish Gram Nyayalayas to provide speedy and inexpensive justice to rural areas people.
As the Gram Nyayalayas Act, 2009 enacted by the Parliament is not applicable to Jammu and Kashmir, the State Government decided to establish Dehi Adalats in the State at the grass root level on the pattern of Gram Nayalayas in other States of the country.
About the jurisdiction, powers and authority of Dehi Adalats, the bill states that these Adalats will exercise both civil and criminal jurisdiction in the manner and to the extent provided in the Act and a person who is eligible to be appointed as a Judicial Magistrate of the First Class will be Presiding Officer (Aadil) of the Dehi Adalat.
These Adalats will try all offenses 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.
The Dehi Adalats will 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.
These Adalats will also have jurisdiction to try disputes related to purchase of property, use of common pasture, regulating and timing of taking water from irrigation channel and settling claims under the Payment of Wages Act, Minimum Wages Act, money suites either arising from trade transaction or money lending, disputes arising out of the partnership in cultivation of land.
Stating that the jurisdiction of Dehi Adalats will be decided by the Government in consultation with High Court, the bill said, “the district court or the court of Sessions may transfer all the civil or criminal cases pending before the courts subordinate to it to the Dehi Adalat competent to try or dispose of such cases”, adding “the judgement on every trial will be pronounced by the Presiding Officer of a Dehi Adalat in open court immediately after the termination of the trial or at any subsequent time not exceeding 15 days”.
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