Excelsior Correspondent
JAMMU, Aug 26: Division Bench of State High Court comprising Chief Justice N Paul Vasanthakumar and Justice Hasnain Massodi today stayed the Government order abolishing 38 courts created under 13th Finance Commission.
When the matter came up for hearing, Division Bench observed, “as per the details furnished by the Registry, about 15,000 cases are pending in these courts as on 30.06.2015”, adding “the Central Government has tentatively decided to sanction a sum of Rs 172.04 crore for a period of five years for setting up Fast Track Courts, Additional Courts, re-designing existing courts to make them more litigant friendly, providing manpower, technical support and digitalization of case records to enhance ICT environment of courts, Lok Adalats and capacity building activities under 14th Finance Commission”.
“In the proposal of Department of Justice (Govt of India), a copy of which is addressed to this court, it is stated that for Jammu and Kashmir, a sum of Rs. 25.33 crore is earmarked for Additional Courts and Rs 48.35 crore for Fast Track Courts is to be sanctioned and Rs 38.5 crore for re-designing the existing courts. Thus it is clear that a sum of Rs 112.18 crore is earmarked for five years by the Central Government for additional courts/Fast Tract Courts and re-designing existing courts”, the DB further observed.
“Continuance of 38 courts which are in existence as on date is sought to be ceased from 31.08.2015. The amount required for continuing the courts per year would be around Rs 12 crore– within the sanctioned amount of Rs 63.83 crore for five years”, the DB said, adding “ASGI SA Makrro has got written instructions on 24.08.2015 and on the basis of the same he has submitted that it is for the State Government to implement the recommendations relating to the justice sector contained in the report of the 14th Finance Commission”.
He submitted that the net proceeds of Union Taxes and Duties for 2015-2016, insofar as State of Jammu and Kashmir is concerned, comes to Rs 8087.88 crore and 1/4th of this amount is released every month. Till August, 2015, Rs. 2888.51 crore has been released. The ASGI also submitted that as per the accepted recommendations of the 14th Finance Commission, the share of the States has been fixed at 42% of the net proceeds of shareable Central Taxes).
The contention of the Additional Solicitor General of India was that the Central Government has already sanctioned the amount payable under the 14th Finance Commission to Justice Department upto August, 2015. In the affidavit filed by the Under Secretary to Government of India, Department of Law and Justice, New Delhi, it is stated that the Prime Minister of India on 23.04.2015 wrote to the Chief Minister of J&K, urging upon the State Government to allocate the funds required for the activities recommended by the 14th Finance Commission in the State Budget 2015-16 onwards to improve the working of the judicial system and to provide speedy justice.
On 03.06.2015, a communication was sent to the Chief Minister of the State as well as to the Chief Justice of the High Court, by the Union Minister for Law and Justice, emphasizing that efforts need to be made to make full utilization of the funds allocated to the justice sector as per the recommendations of the 14th Finance Commission.
“In the light of the stand taken by the Central Government and the fact that a sum of Rs 172.04 crore has been earmarked by the 14th Finance Commission to the State of Jammu and Kashmir for the judiciary, which is more than Rs 34 crore per year and a sum of around Rs 12.06 crore being earmarked per year on average basis for creation of new courts and restructuring of the existing courts, we are of the firm view that the decision taken by the State Government appears to be without taking into consideration the funds provided by the Central Government under the 14th Finance Commission”.
With these observations, DB stayed the Government Order No. 2414- LD(A) of 2015 dated 19.08.2015, so as to enable the 38 courts to continue and dispose of the cases assigned to these courts until further orders. The DB directed the State to release the salary of the Presiding Officers of these courts and the staff attached to all the 38 courts from September, 2015 onwards.
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