Mohinder Verma
JAMMU, May 18: Dehi Adalats created by way of enactment of a legislation nearly two years back are unlikely to become functional even during the current year as Jammu and Kashmir Public Service Commission, which is required to fill up the posts of Munsiffs, is lying defunct.
The legislation regarding creation of Dehi Adalats on the analogy of Gram Nyayalayas in other States of the country received the assent of Governor N N Vohra on October 24, 2013. The objective behind creation of Dehi Adalats was to provide speedy and inexpensive justice to the rural area people at their doorsteps.
The decision regarding establishment of Gram Nyayalayas was actually taken in the conference of Chief Ministers of the States and Chief Justices of the High Courts in August 2009. As the Gram Nayayalayas Act, 2009 enacted by the Parliament was not applicable to Jammu and Kashmir, the State Government decided to establish Dehi Adalats at the grass root level.
During the enactment of legislation, it was decided that 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.
However, the legislation could not take the practical shape and objective behind the same stands defeated till date as earlier there was slackness on the part of the Law Department and now defunct Public Service Commission is acting as road-block, official sources told EXCELSIOR.
Stating that at present all the operational issues stand resolved, sources said, “the headquarters of these Dehi Adalats and their jurisdiction have been decided in consultation with the High Court”, adding “even the Rules, which will act as beacon light for these Adalats have been notified albeit after much delay”.
“Moreover, the posts of staff for these Adalats like Nazir, Senior Assistant, Junior Assistant etc have been referred to the Jammu and Kashmir State Services Selection Recruitment Board”, they informed, adding “the creation of posts of Munsiffs, who would head these Adalats, have been conveyed to the High Court with the request to refer the same to the Public Service Commission”.
In response to a question, sources said, “since Public Service Commission is defunct during the past quite long time, no time-frame can be specified for filling up of posts of 22 Munsiffs required to make Dehi Adalats functional”.
“Even 9 posts of Munsiffs, which were required for courts other than Dehi Adalats and referred to the Public Service Commission more than one year back, have not been filled up till date”, sources informed, adding “even if recruitment for these posts of Munsiff is carried out expeditiously, it will take around seven-eight months to the Public Service Commission to complete the process”.
In view of prevailing situation, Deli Adalats are unlikely to become functional even during the current year thereby defeating the objective behind their creation.
Stating that Dehi Adalats have vital role to play in reducing the pendency of cases in other courts, sources said that these Adalats can exercise both civil and criminal jurisdiction in the manner and to the extent provided in the Act. These Adalats have the powers to 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 can 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.
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