Mohinder Verma
JAMMU, Dec 20: To ensure speedy disposal of the local disputes at the door steps of the people, the Government has established Adalats in majority of the Panchayat Halqas across the State and these judicial bodies would start functioning within next two months. For educating the Chairmen and members of the Panchayati Adalats about the powers conferred upon them under the Jammu and Kashmir Panchayati Raj Act, the Government will shortly start imparting training to them through Institute of Management and Public Administration (IMPA) and State judiciary.
Official sources told EXCELSIOR that Panchayati Adalats have been established in 70% of the 4125 Panchayats across the State with the issuance of notifications by the Directorates of Rural Development, Jammu and Kashmir and process of establishing these judicial bodies in remaining Panchayat Halqas was going on at the rapid pace.
“The establishment of such Adalats in remaining 30% Panchayat Halqas has been delayed due to non-submission of judicial panels and Rural Development Department has asked the Sarpanchs and Panchs of such Panchayats to finalize the panels and submit the same to the Department as early as possible”, sources said.
As per the provisions of the Jammu and Kashmir Panchayati Raj Act, each and every Panchayat is required to prepare and recommend judicial panel of seven members out of its electorate to the Rural Development and Panchayati Raj Department, which has the powers to shortlist five names from each panel strictly as per the parameters laid down under the Act.
Thereafter, the notification is issued nominating five short-listed names as members of the Panchayati Adalat. The powers to nominate one of the five members as Chairman of the Panchayati Adalat vest with the respective Panchayats.
In response to a question, sources said, “Panchayati Adalats, which are the vital component of the Panchayati Raj system, could not be established soon after the elections to Panchayats mainly because of groupism and lack of consensus among the Panchs and Sarpanchs over the finalization of judicial panels”.
“After hectic efforts through the Block Development Officers (BDOs), the Department of Rural Development and Panchayati Raj succeeded in removing differences among the Panchs and Sarpanchs in large number of Panchayats and the outcome of the same is establishment of 70% Panchayati Adalats”, they added.
When contacted, Commissioner Secretary, Rural Development Department, Farooq Ahmad Peer said, “in order to educate the Chairmen and members of the Panchayati Adalats about the powers vested with them under the Panchayati Raj Act and ensure such judicial bodies function as per the mandate of the Act, the Department has initiated the process of preparing training module”, adding “very shortly we will start imparting training through Institute of Management and Public Administration (IMPA). The assistance of judiciary in the training programme would also be sought”.
About the infrastructure required by these Adalats, he said, “these judicial bodies would function in the Panchayat Ghars, which have been established in large number of Panchayats. Even the basic infrastructure has also been provided to the Panchayat Ghars for smooth functioning of the Adalats”.
In response to a question, the Commissioner Secretary said, “in case Chairman of any Panchayati Adalat is well versed with duties and roles as contained in the Jammu and Kashmir Panchayati Raj Act, he can immediately start functioning of the Adalat without waiting for the training to be imparted by the Department”.
The J&K Panchayati Raj Act states, every member including the Chairman of the Panchayati Adalat is deemed to be a public servant within the meaning of Section 21 of the Ranbir Penal Code. The provisions of the Judicial Officers Protection Act, 1971 are also applicable to every Panchayati Adalat and to every member while acting judicially.
Notwithstanding anything contained in the Code of Criminal Procedure and subject to the provisions of the Act, a Panchayati Adalat have jurisdiction over the concerned Halqa Panchayat and can take cognizance of any offence and abetment of or attempt to commit any offence, specified in the Schedule.
These Adalats cannot take cognizance of any case in which the accused has been previously convicted of an offence punishable under Chapter XII or Chapter XVII of the Ranbir Penal Code with imprisonment of either description for a term of three years or onwards or has been previously sentenced for any offence to life imprisonment or a like term.
A Panchayati Adalat may be directed by a Magistrate to make a local enquiry under Section 202 of the Code of Criminal Procedure in any case in which the offence was committed within the local limits of the jurisdiction of such Panchayati Adalat. A Panchayati Adalat may dismiss any complaint, if after examining the complainant and taking such evidence as he produces, it is satisfied that the complaint is frivolous.
The Panchayati Adalats can take cognizance of various suits for ascertained sums not exceeding Rs 3,000.
However, Panchayati Adalat cannot take cognizance of any suit by or against a minor or a person of unsound mind, by or against the Chairman or any member of the Panchayati Adalat, by or against the Sarpanch or any Panch of the Halqa in his official capacity, in respect of any dispute or matter in which a suit or application may be brought or made before a Revenue Officer.
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