Panel to also monitor development of infra for judiciary
*Citizens to get access to justice at door-steps
Mohinder Verma
JAMMU, Jan 28: To provide justice to the citizens at their door-steps, the Chief Justice of Common High Court of Jammu and Kashmir and Ladakh Union Territories Justice Pankaj Mithal has assigned the task of operationalization of Gram Nyayalayas to three-Judges committee. Moreover, the panel will monitor development of infrastructure for the judiciary in both the UTs.
“The Chief Justice has constituted a high-level committee comprising Justice Dhiraj Singh Thakur, Justice Sindhu Sharma and Justice Puneet Gupta to look into the operationalization and functioning of the Gram Nyayalayas within the jurisdictional limit of the High Court with a view to make the institution a robust and credible pillar of justice delivery system”, read an order issued by Jawad Ahmed, Registrar General of the High Court.
Moreover, the committee has been assigned the task of monitoring the pace, progress and implementation of Centrally Sponsored Schemes including monitoring adherence to the timelines in respect of the projects for development of infrastructure for the judiciary.
The Gram Nyayalayas would be established as per the provisions of the Gram Nyayalaya Act which was enacted by the Parliament in the year 2008 and has become applicable to the Jammu and Kashmir as per the provisions of the Jammu and Kashmir Reorganization Act, 2019.
Like other Central legislations, Gram Nyayalaya Act could not be extended to erstwhile State of Jammu and Kashmir because of its special status.
Though in the year 2013, the then Government of Jammu and Kashmir made efforts to establish Dehi Adalats on the pattern of Gram Nyayalayas yet the attempt failed to yield the results even after identification of headquarters of Dehi Adalats due to lack of manpower.
“With the applicability of the Central Legislation to the J&K and Ladakh Union Territories it has been decided to establish Gram Nyayalaya in each district as early as possible so that people are no more deprived of the benefit of the Act enacted by the Parliament”, official sources said.
They disclosed that Department of Law, Justice and Parliamentary Affairs of J&K UT has already issued notification mentioning that the headquarters identified for the Dehi Adalats shall be deemed to be the headquarters of the Gram Nyayalayas. “Even Union Ministry of Law and Justice has been approached with the request to release sufficient funds for early establishment of Gram Nyayalayas”, sources added.
As per the Gram Nyayalayas Act, a person who is eligible to be appointed as a Judicial Magistrate of First Class will be the head of each Gram Nyayalaya, who besides holding the court shall periodically visit the villages falling under his/her jurisdiction and conduct trial or proceedings at any place which he or she considers is in close proximity to the place where the parties ordinarily reside or where the whole or part of the cause of action had arisen.
Notwithstanding anything contained in the Code of Criminal Procedure or the Code of Civil Procedure, the Gram Nyayalaya will exercise both civil and criminal jurisdiction in the manner and to the extend provided under the Act.
As per the provisions of this Act, the District Court or the Court of Session may transfer all the civil or criminal cases pending before the courts subordinate, to the Gram Nyayalaya competent to try or dispose of such cases. Moreover, the Gram Nyayalayas will deal with offences related to Payment of Wages Act, Minimum Wages Act, Protection of Civil Rights Act, the Bonded Labour System (Abolition) Act, Protection of Women from Domestic Violence Act, civil disputes related to right to purchase of property, use of common pasture, property and several other disputes.
“Every police officer functioning within the local limits of jurisdiction of a Gram Nyayalaya shall be bound to render assistance in the exercise of lawful authority”, the Act read and adds that the High Court may authorize any Judicial Officer superior to the rank of the Nyayadhikari to inspect the Gram Nyayalayas within his jurisdiction once in every six months and issue such instructions as he or she considers necessary and submit a report to the High Court.
“The constitution of high-level committee to monitor development of infrastructure for the judiciary will go a long way in overcoming the existing impediments and check dilly-dallying approach of the executing agencies”, sources said, adding “it has been noticed that a number of projects missed the time-lines fixed for their completion mainly due to slackness on the part of executing agencies”.
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