Excelsior Correspondent
JAMMU, May 22: For the first time in the history of Jammu and Kashmir judiciary, Chief Justice of State High Court, Justice M M Kumar has issued a set of important guidelines and instructions to the Judicial Officers for making the judicial system more accountable, transparent, litigant friendly, effective and meaningful.
According to the circular issued by the Registrar Vigilance, Srinagar, Ashok Kumar Koul, Chief Justice has directed all the Judicial Officers to prepare a list of sensitive cases relating to Chief Ministers (former or present), Ministers, terrorists or cases relating to scandals involving large amount and submit the same to the High Court.
The Principal District and Sessions Judges have been directed to make sincere efforts in concluding the inquiries assigned to them speedily and on their merit, irrespective of the fact that the allegations are withdrawn by the complainant(s) in due course of time because the purpose of the enquiry is to ascertain the truth and not to bury the rot.
“All the Judicial Officers should make sure that unnecessary adjournments are avoided and wherever it is necessary to grant an adjournment the amended Civil Procedure Code should be followed strictly”, the circular said.
The Chief Justice has also directed the Principal District and Sessions Judges to ensure that members of the ministerial staff working under their control, below the rank of Section Officers, who are working on the posts for three years or more on their present position, are shifted to other seats. “The in-efficient/ill-reputed officials could even be posted out of the headquarters to ensure the proper functioning of the courts”, the circular said.
The officers should closely monitor the working of their staff and make necessary corrections wherever required to avoid unnecessary harassment, inconvenience and loss of time to the litigants, the circular said, adding “the Principal District and Sessions Judges should ensure that no court is left with the complaint of in-adequate staff and if it is not possible for him to do so he should immediately take up the matter with the High Court”.
All the Judicial Officers have further been directed to prepare a list of 25 old cases of each category, a copy of which shall be displayed in the chamber of Presiding Officers. “The officers should ensure expeditious disposal of such cases and submit their fortnightly progress report to the High Court”, the circular said. The officers have also been asked to prepare a list of cases in which proceedings have been stayed by the High Court or record of the Trial/Appellate Court has been summoned by the High Court.
According to the circular, the Judicial Officers would have to submit the lists to the High Court with a copy to the Registrar Judicial of respective wings, who may seek appropriate orders for listing of such cases. Another list of cases in which proceedings have been stayed or the record has been summoned by the First Appellate Court or any other Appellate Forum, shall also be prepared and submitted to the High Court, the circular said.
It has also been directed that the doctors who are called as witnesses shall invariably be examined in pre-lunch session so that they are in position to return to their clinics/hospitals as quickly as possible. “Similarly under-trial prisoners should not be made to wait for their cases to be called for the whole day and their cases should be preferably taken up before lunch and the practice of permitting them to eat the food brought by their relatives during the court hearings, should be avoided as it may at times lead to hazardous consequences”, the circular said.
Stating that all the officers should give priority to the disposal of the cases where accused have been in custody for two years or more, the circular said, “the First Appellate Court should ensure that trial court record summoned is remitted back to the concerned court immediately after its purpose of summoning is over”.
The Judicial Officers have also been directed to make sure that certified copies and registered documents are issued well in time and a proper record is maintained. “The reasons for not supplying the copies or documents within four days shall be furnished to the High Court fortnightly”, the circular said.
The officers have also been asked to furnish the monthly statement(s) of the witnesses summoned and actually examined along with the reasons for not examining the witnesses in attendance. “The First Appellate courts shall prepare monthly statements showing in how many cases the orders of the Trial Court have been affirmed or reversed”, the circular said, adding “this is required because the First Appellate Court is considered as a final court of facts”.
The Judicial Officers have also been directed to ensure proper maintenance of Account Books and ensure their verification from concerned treasuries. “Fine collected during the course of the day should invariably be remitted in the treasury on the same day and the Presiding Officers should spare time to conduct the physical verification of the accounts/cash on the last day of the month”, the circular said.
The Chief Justice has also directed that the list of the employees, who have resigned or left the service during the last two years including the list of the employees, who have died during the period due to natural death or on account of suicide, is submitted to the High Court by all the Presiding Officers.
All the Presiding Officers have been directed to submit a compliance report in respect of these guidelines to the respective Administrative Judges with a word of caution that any breach would be viewed seriously.
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