Excelsior Correspondent
JAMMU, Apr 5: On the pattern of Gram Nyayalayas in other States of the country, State Government has decided to establish Dehi Adalats in order to provide access to justice to the people at their doorsteps and to ensure that opportunity of speedy justice is not denied to any citizen by reason of social, economic and other disabilities.
Initially, 22 Dehi Adalats will be established—one in each district of the State at annual expenditure of Rs 333.29 lakh and if such Adalats yield encouraging results their number would be increased.
A Bill in this regard was introduced in the Legislative Assembly on the last day of the Budget Session by Minister for Law, Justice and Parliamentary Affairs, Mir Saifullah. The fate of the bill will be decided during the next Session of the State Legislature.
It is worthwhile to mention here that in the conference of Chief Ministers of States and Chief Justices of the High Courts held in August 2009, it was decided that State Governments in consultation with respective High Courts will establish Gram Nyayalayas to provide speedy and inexpensive justice to rural areas people.
As the Gram Nyayalayas Act, 2009 enacted by the Parliament is not applicable to Jammu and Kashmir the State Government has decided to establish Dehi Adalats in the State at the grass root level on the pattern of Gram Nayayalayas in other States of the country.
About the jurisdiction, powers and authority of Dehi Adalats, the Bill said that these Adalats will exercise both civil and criminal jurisdiction in the manner and to the extent provided in the Act. These Adalats will try all offenses not punishable with death, imprisonment for life or imprisonment for a term exceeding two years, theft where the value of the property stolen doesn’t exceed Rs 20,000, offence relating to assisting in the concealment or disposal of stolen property where the value of such property doesn’t exceed Rs 20,000, offence of insult with intent to provoke a breach of the peace and criminal intimidation punishable with imprisonment for a term which may extend to two years or with fine and abetment of any of these offences.
The Dehi Adalats will also try offence related to violation of Cattle Trespass Act, Payment of Wages Act, Minimum Wages Act, the Protection of Civil Rights Act, Bonded Labour System (Abolition) Act, Equal Remuneration Act and Jammu and Kashmir Protection of Women from Domestic Violence Act.
These Adalats will also have jurisdiction to try disputes related to purchase of property, use of common pasture, regulating and timing of taking water from irrigation channel and settling claims under the Payment of Wages Act, Minimum Wages Act, money suites either arising from trade transaction or money lending, disputes arising out of the partnership in cultivation of land.
The headquarter of the Dehi Adalat would be decided by the Government in consultation with High Court and a person who is eligible to be appointed as a Judicial Magistrate of the First Class will be Presiding Officer (Aadil) of the Dehi Adalat.
Stating that the jurisdiction of Dehi Adalats will be decided by the Government in consultation with High Court, the Bill said, “the District Court or the Court of Sessions may transfer all the civil or criminal cases pending before the courts subordinate to it to the Dehi Adalat competent to try or dispose of such cases”, adding “the judgement on every trial will be pronounced by the Presiding Officer of a Dehi Adalat in open court immediately after the termination of the trial or at any subsequent time not exceeding 15 days”.
In every suit or proceeding, Dehi Adalats would in the first instance assist, persuade and conciliate the parties in arriving at a settlement in respect of the subject matter of the suit, claim or dispute.
The Bill said that every police officer functioning within the jurisdiction of a Dehi Adalat will be bound to assist the Dehi Adalat in the exercise of its lawful authority. “Whenever the Dehi Adalat, in the discharge of its functions, directs a Government servant to provide assistance, he would be bound to provide such assistance”, the Bill added.
In the Bill, the Government has stated that High Court will have the powers to authorize any judicial officer superior in rank to the Aadil to inspect the Dehi Adalats within his jurisdiction once in every six months or such other period as the High Court may prescribe.
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