Vidhik Seva Kendra to be established in each distt of both UTs
Mohinder Verma
JAMMU, May 20: Chief Justice of Common High Court of Union Territory of Jammu and Kashmir and Union Territory of Ladakh Justice Pankaj Mithal has put an end to several years long practice of seeking permission to file a case, pertaining to a particular wing, in other wing of the High Court and has issued directions for establishment of Vidhik Seva Kendra in each district of both UTs.
Moreover, he has made it clear that in view of the availability of the facility of filing through e-mode in both the wings of the High Court, no application will be entertained for seeking permission to file a case, related to a particular wing, in other wing of the High Court.
For ensuring equal distribution of work, the High Court vide Circular No.06 dated December 18, 2010 had directed that all matters related to Jammu shall be filed, heard and decided at Jammu Wing and the matters related to the Kashmir and Ladakh at Srinagar Wing. In exceptional circumstances, the matter shall be filed with the leave of the Chief Justice.
Subsequently, vide Circular No.104 dated March 14, 2019 it was ordered that all cases relating to Leh district will be filed, heard and decided at Jammu wing of the High Court and those cases related to Kargil district will be taken up in Srinagar wing.
These as well as other circulars issued from time to time made it clear that in ordinary course of a case related to a particular wing of the High Court has to be filed in that wing alone. However, in case of any difficulty in filing a case in the concerned wing, the Chief Justice will grant permission to file it in other wing but for hearing and decision of the case in the concerned wing where it was to be filed in the ordinary course, the record would be transmitted to the said wing.
The difficulty/impracticability in filing a case in a particular wing of the High Court is comprehensible when filing is available only through physical mode but this difficulty is beyond imagination when e-filing is also permitted whereby anyone can file case in any wing of the High Court from anywhere.
For the last one year due to prevailing situation having arisen because of the spread of COVID-19, the High Court has switched over to the hybrid mode of filing and hearing of cases in both the wings whereby cases are also filed through e-mode.
However, despite permitting e-filing of cases, the office of the Chief Justice is flooded with applications on administrative side for grant of leave to file cases pertaining to a particular wing in other wing of the High Court rendering the e-filing meaningless.
Dispensing with the practice of seeking permission to file a case pertaining to a particular wing in other wing of the High Court, the Chief Justice has ordered that in the ordinary course filing shall be done in physical mode in the concerned wing of the High Court. However, e-filing has been permitted through any available digital mode.
In view of the availability of the facility of filing through e-mode as well in both wings of the High Court, no application shall be entertained for seeking permission to file a case, related to a particular wing, in other wing of the High Court, the Chief Justice said, adding “in case a party opts for e-filing, for record purpose, such party shall also submit hard copy of the matter to the concerned wing of the High Court either physically or through any other available alternate mode like Registered Post, Speed Post etc with promptness”.
The High Court will establish “Vidhik Seva Kendra” in both wings of the High Court and also in each district of UTs of Jammu & Kashmir and Ladakh to facilitate the filing of matters in concerned wings of the High Court through e-mode.
The “Vidhik Seva Kendra” will also facilitate the litigants, who face any difficulty in filing their matters in the High Court, in forwarding the hard copies of their matters to the concerned wing of the High Court by Registered Post or Speed Post etc.
The litigants of Ladakh instead of travelling to Srinagar or Jammu for filing matters in the High Court, may approach to the “Vidhik Seva Kendra” in their district to avail the facility of filing their matters through e-mode with the help of “Vidhik Seva Kendra”. The matters of Ladakh so filed may, if possible and convenient, be heard in the concerned wing through video conferencing.
The matters filed in physical mode would be processed by the Registry in the normal mode to be placed before the bench concerned as per the roster and a soft copy of it would also be prepared for the record purpose. Similarly, where the matters are filed through e-mode, for facilitating immediate hearing of such matters, the Registry shall take print out of such matters and place it before the roster bench hearing the matter.
The print out so prepared in terms of the preceding condition may be destroyed without reference to any order or rule once the matter as a whole is decided, however, its soft copy shall be preserved for the purposes of the record, the Chief Justice said.
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