Step aimed at avoiding unnecessary piling up of matters
*Counsels asked to share details with Registrars Judicial
Mohinder Verma
JAMMU, Apr 24: In order to avoid unnecessary piling up of matters particularly those which don’t involve any complicated issue, Chief Justice of common High Court for Union Territory of Jammu and Kashmir and Union Territory of Ladakh has identified 15 categories of cases for disposal through video-conferencing during the current lockdown in view of Novel Coronavirus (COVID-19).
Reliable sources in the judiciary told the EXCELSIOR that during the period of current lockdown, High Court of Jammu and Kashmir and Ladakh Union Territories is making continuous efforts to review the pending cases.
During this exercise, it has been noticed by the Chief Justice Gita Mittal that there are many cases which may have been rendered infructuous or even though they do not involve any question of law or any complicated issue of fact are unnecessarily pending and clogging the boards of the courts in both the Union Territories.
Noticing possibility of easily disposing of these matters on video-conferencing, the Chief Justice asked the Registry to compile a list of such cases and to ascertain their digitization status.
Accordingly, details of such cases were shared with the Chief Justice and finally it has been decided that 15 categories of cases will be disposed of through video-conferencing during the current lockdown so as to check unnecessary piling up of cases.
Such cases include applications seeking suspension of sentence in appeals; bail applications; old election petitions; old income tax and excise matters; Sales Tax references; service matters on the subject of transfers and postings; applications seeking restoration of proceedings which stood dismissed for default of appearance; applications seeking condonation of delay; cases concerned with award of maintenance of wife, parents and children; cases involving domestic violence; cases arising from motor accidents involving compensation; service related transfer petitions; transfer cases seeking wing to wing transfer; inter-district/court transfer petitions and matters covered by judicial precedents.
“Though lockdown conditions have made it difficult to leave our homes but it may be possible for counsels to scrutinize their own records and ascertain matters in these categories or other which can be disposed of on video-conferencing without counsels being required to leave their residence”, Chief Justice has mentioned in the order, the copy of which is available with EXCELSIOR.
She has asked all the concerned counsels to scrutinize their records and inform the Registrar Judicial of Jammu and Srinagar wings of the High Court of the cases which can be disposed of on video-conferencing. The counsels are required to provide information vis-a-vis cause title, subject matter and next date of hearing, if any.
The information to be received by the Registrar Judicial of Jammu and Srinagar wings of the High Court will be scrutinized by the Registry and thereafter the schedule of hearings on video-conferencing will be posted on the High Court website.
“This step of the Chief Justice will go a long way in providing relief to the applicants, litigants and concerned Government departments”, sources said.
Meanwhile, in pursuance to the directions issued by the Supreme Court in Suo Moto Writ (Civil) No.5/2020 on April 6, 2020 regarding hearing of cases through video-conferencing due to the extraordinary situation which has arisen because of the national lockdown to prevent the spread of Novel Coronavirus (COVID-19) disease, Chief Justice has directed the Registrar Judicial of each wing of the High Court to notify at least three mobile numbers-six mobile numbers for both the wings of the High Court as helpline numbers along with names of the officers for receipt and redressal of complaints regarding video-conference related issues.
Similarly, Principal District Judges have been asked to notify two mobile numbers for each of the district along with the name of the officials to ensure smooth functioning of video-conference facility.
Moreover, Advocate Monika Kohli and Advocate Faisal Qadri have been nominated as amicus curie for Jammu and Srinagar wings of the High Court for the cases where the litigants are not in a position to approach the court even through video-conferencing till the time lockdown continues.
Likewise, Principal District Judges have been asked to nominate a senior lawyer in their respective districts to work as amicus curie in the cases where the litigants are not in a position to approach the court even through video-conferencing.
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