Posts of 6 HC Judges among 35 lying vacant
Mohinder Verma
JAMMU, Jan 18: Despite framing numerous strategies aimed at dispensing speedy justice, J&K judiciary is grappling with the pendency of over 2.20 lakh cases due to favour factors including shortage of courts, repeated adjournments and procedural delays. Moreover, six posts of High Court Judges among 35 have been lying vacant during the past quite long time thereby creating hurdles in clearing the backlog.
Every year action plan is framed for bringing down the pendency of cases and the same is communicated to all the Judicial Officers for strict compliance. The latest circular in this regard was issued on July 1, 2017 with the objective of time bound disposal of the cases.
However, the pendency has remained a major issue as over 2.20 lakh cases are still pending in different courts across Jammu and Kashmir including both the wings of the High Court.
As per the official data provided to the Legislative Assembly by the Department of Law, a total of 62040 cases are pending in J&K High Court. Of these, 56112 are criminal and 5928 are civil cases. Similarly, a total of 160154 cases are pending in Subordinate Courts. Of these, 52036 are criminal and 108118 civil cases.
A total of 11250 cases—9589 criminal and 1661 civil were instituted in the High Court with effect from April 1, 2017 to December 1, 2017. Similarly 98896 cases—21788 criminal and 77108 civil were instituted in Subordinate Courts during this period. During this period, a total of 9603 cases—8137 criminal and 1466 civil were disposed of by the High Court while as a total of 78496 cases—22050 criminal and 56446 civil cases were disposed of by the Subordinate Courts.
Notwithstanding the fact that the pendency of over 2.20 lakh cases means delaying justice to the litigants and other parties, the Government has claimed that pendency of cases before different courts is a national phenomenon and is not confined to J&K only. The factors which have been held responsible for pendency of such a large number of cases include inadequate number of judges, repeated adjournments on the request of the parties and procedural delays etc.
J&K judiciary is grappling with such a huge pendency despite the fact that Lok Adalats are being held after regular intervals. As per the data, 267 Lok Adalats were organized by State Legal Services Authority in 2017-18 in which 82281 cases were settled.
According to the data, the sanctioned strength of High Court Judges including Chief Justice is 17 but at present the working strength is 11 and 6 posts have been lying vacant since long. Similarly, the sanctioned strength of District Judges is 75 and at present 11 posts are lying vacant. At the level of Sub-Judges and Munsiffs 18 posts have been lying vacant.
The sanctioned strength of Sub-Judges is 71 but the present working strength is 68. Similarly, the sanctioned strength of Munsiffs is 107 and the working strength is 92.
“As far as State Government is concerned, several steps have been taken to reduce the pendency of cases”, the Government said, adding “regular meetings with Law Officers representing the State before the High Court and Subordinate Courts are taken by the Law Minister so as to pass the necessary directions for reducing the pendency of cases”.
It has been impressed upon the Law Officers that they should take every possible step for protection of State’s interest in the courts and the interim directions, which have effect of stalling development works, should be immediately got vacated.
Despite such a huge pendency, the Government has categorically informed the Legislative Assembly that there was no proposal for establishment of more courts in Jammu and Kashmir.
About the charges of corruptions and complaints pending against Judges of all the ranks in Jammu and Kashmir, the Government has informed that 7 Judicial Officers have been facing regular inquiries while as there are complaints of different nature against 37 other Judicial Officers.
However, Legislative Assembly was not informed about the disposal of such inquiries and complaints.
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