Mohinder Verma
JAMMU, Mar 24: In an unbecoming act on their part, several judicial officers in Jammu and Kashmir have not been making serious efforts to dispose of 10 years old cases despite repeated instructions from the High Court during the past over two years thereby depriving the litigants of justice. Moreover, there is no taker of instructions issued from time to time to check misuse/reuse of stamp papers by maintaining records in terms of Registration Rules.
Official sources told EXCELSIOR that vide Circular No.2 dated February 20, 2015 the then Registrar General of J&K High Court brought to the notice of all the judicial officers that the Chief Justice had desired that the cases pending for 10 or more than 10 years should be listed and heard on fast track basis.
It was also conveyed to the judicial officers explicitly that they should keep Chief Justice posted about the available figures of such cases in all the courts and also as to how many such cases have been decided by each judicial officer.
As there was no strict compliance to these instructions for nearly one year, on December 16, 2015 a fresh circular was issued reiterating the directions to the judicial officers as expeditious disposal of 10 or more than 10 years old cases was also the concern of the Supreme Court of India.
However, despite numerous instructions and lapse of over two years the required seriousness is not being shown on this vital aspect by majority of the judicial officers of the State. This can be gauged from the latest circular issued by Sanjay Dhar, Registrar Vigilance of High Court, Jammu Wing.
“During the surprise inspection of some Subordinate Courts, it was observed that Presiding Officers are not taking serious enough efforts to dispose of over 10 years old cases though a large number of such cases are pending before these courts”, read the circular, the copy of which is available with EXCELSIOR.
Drawing the attention of the Presiding Officers towards the circulars of 2015, the Registrar Vigilance has impressed upon the judicial officers to ensure strict implementation of these circulars. “Take necessary steps for listing and hearing of cases pending for 10 years or more than 10 years on fast track basis”, he said while mentioning that all Principal District and Sessions Judges shall monitor the implementation of these circulars within their respective districts.
Another glaring aspect is that Sub-Registrars have not been paying serious attention towards maintaining of records with a view to stop misuse/re-use of stamp papers for which detailed instructions were issued way back in 2013.
Vide Circular No.2 dated August 31, 2013, the then Registrar Vigilance had directed all the Registrars and Sub-Registrars of the State to comply with the instructions/directions in order to safeguard the State revenue and to stop the misuse/re-use of the stamp papers.
In this regard, they were directed to keep proper record of stamps attached with original documents/instrument and the serial numbers of the stamp papers. They had also been asked to mention the name of stamp vendor and the date of purchase so that the possibility of using counterfeit stamp papers could be avoided. Moreover, there were instructions that market value guidelines and stamp duty rates should be strictly adhered to in order to avoid any loss to the State exchequer.
However, these instructions are not being taken seriously and the same can be gauged from the observations of the Registrar Vigilance, who states: “During the surprise inspection of some Sub-Registrars, it has been noticed that they are not maintaining record in terms of Circular No.2 dated August 31, 2013 issued with a view to stop misuse/re-use of stamp papers”.
It has been observed that Sub-Registrars invariably don’t authenticate the filing of annexures to the true copies of instruments by appending their seal and initials in terms of Section 61 of Registration Act, the Registrar Vigilance said, adding “Rule 63 of Registration Rules governing the return of registered documents to the parties is being observed in breach by the Sub-Registrars”.
He has impressed upon all the Sub-Registrars to strictly follow the instructions issued over three years back and Rules 61 and 63 of Registration Rules while discharging their functions. Even the Principal District and Sessions Judges have been advised to monitor the implementation of instructions and submission of reports in this regard.
Moreover, it has been observed that subordinate courts are breaching Rule 21 of Rules framed by the High Court for regulating the procedure in the courts. “During the surprise inspection of some Subordinate Courts it has been found that disposed of civil and criminal files are not being deposited in record room which amounts to flagrant violation of Rules”, the Registrar Vigilance said.
All the Presiding Officers of the courts of the State have been asked to ensure regular deposition of disposed of civil and criminal files in their respective record rooms with promptitude.
“It is unbecoming on the part of judicial officers to observe the important instructions in breach and in view of continuous non-adherence some harsh steps should be taken by the High Court to streamline the system”, sources suggested.
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