Mohinder Verma
JAMMU, Oct 18: In order to ensure early clearance of pending cases in different courts of the State, the Chief Justice of the State High Court, Justice M M Kumar has formulated an Action Plan and fixed targets for disposal of the cases. This is for the first time in the history of J&K judiciary that such an initiative has been taken and this remarkable step would be of immense help in ensuring timely justice.
Authoritative sources told EXCELSIOR that after deeply analyzing the situation vis-à-vis pendency of cases in various courts of the State, the Chief Justice M M Kumar found it appropriate to chalk out an Action Plan for speedy disposal of the cases and accordingly the matter was discussed in detail in the Full Court meeting held on September 27, 2012.
After threadbare discussion, the Full Court under the chairmanship of Chief Justice M M Kumar approved Action Plan and fixed targets for the disposal of the cases by the end of December 2012. Thereafter, a detailed circular was issued for the information of all the Judicial Officers in the State, sources said while disclosing that ever since the issuance of circular the Chief Justice is himself monitoring the situation vis-à-vis clearance of pending cases by reaching out all the Judicial Officers through different means.
“The Chief Justice is not only taking stock of the situation vis-à-vis clearance of pending cases as per the Action Plan but also evaluating response from the Judicial Officers”, sources said, adding “the latest interaction between the Judicial Officers and Chief Justice took place yesterday when he assessed the situation vis-à-vis implementation of Action Plan through video-conferencing from Srinagar”.
According to the Full Court resolution dated September 27, 2012, all the Principal/ Additional District and Sessions Judge will decide/ dispose of all cases of under-trials where the charge sheet/ challan has been filed on or before December 31, 2007 by December 31, 2012.
They have also been directed to decide/ dispose of all criminal revisions filed on or before March 31, 2012 by December 31, 2012. These Judges have further been asked to decide by or before December 31, 2012 all criminal challans other than those involving under trials wherein charge sheet/ challan has been filed on or before December 31, 2002 and dispose of all criminal appeals filed on or before June 30, 2011 by ending December 2012.
As far as pending civil cases are concerned, all the Principal/ Additional District and Sessions Judges have been directed to decide/ dispose of all civil original suits and other civil matters filed by or before December 31, 2002 by or before December 31, 2012. They have further been directed to decide and dispose of all civil miscellaneous appeals filed on or before March 31, 2012 by or before December 31, 2012.
According to the circular, these Judges have been asked to decide and dispose of all regular appeals filed till June 30, 2011 by or before December 31, 2012. The Special Judge (CBI), Jammu and Special Judge, Anti-Corruption, Srinagar and Jammu, would be required to decide and dispose of all the cases filed on or before June 30, 2007 by the end of the current year.
All the Civil Judges and Judicial Magistrates have been directed to decide and dispose of all cases of under trials where the charge sheet/ challan has been filed on or before December 31, 2009 by December 31, 2012. They have further been asked to dispose of all criminal challans other than those involving under trials, wherein charge sheet/ challan has been filed on or before December 31, 2005 by or before December 31, 2012.
About the civil cases, all the Civil Judges and Judicial Magistrates have been directed to decide and dispose of all civil original suits and other civil matters filed by or before December 31, 2002 by December 31, 2012. Similarly, where in any court, there is no civil matter instituted on or before December 31, 2002, in that event the concerned courts will decide and dispose of all civil matters, instituted on or before December 31, 2005 by or before December 31, 2012.
This is for the first time in the history of Jammu and Kashmir judiciary that such an initiative has been taken. “This remarkable initiative would go a long way in improving justice delivery and ensure timely justice”, the legal luminaries observed.
It is pertinent to mention here that Union Law Ministry, in the recent past, had also suggested the constitution of action plan for improving justice delivery not only in Jammu and Kashmir but in other States of the country and at national level also.