Two significant developments in respect of the judiciary related matters regarding monitoring infrastructure for judiciary in both the Union Territories – Jammu and Kashmir as well as Ladakh including how Gram Nyayalayas could be made operational, assumes importance of its own. It is long desired that Gram Nyayalayas were set up and made functional so that the concept of delivery of justice to one and all at rural and far flung areas could become a reality . Unless that desire of each and every citizen at ordinary and grass root level was accomplished, that – pillar of justice was meant to be robust and credible – would remain confined to books and papers only. We know, cases are piling up as a routine in our courts and mostly, these cases are related to disputes from our rural areas and judicial reforms, which is an important requirement especially in the context of how arrears in courts could get reduced considerably, deal also with this very vital aspect. If we have to make it a reality that estimated 50 percent of arrears and pendency in subordinate courts could be reduced barring criminal cases as these courts can generally deal with civil cases only , institution of Gram Nyayalayas must be strengthened. Once arrears and pendency got reduced in such courts because of shift of the load of cases to Gram Nyayalayas to an increasing extent, space could be arranged for disposing of fresh cases reaching these courts within a few months only . In other words, Gram Nyayalayas could safely play a two edged role hence the Chief Justice of Common High Court of Jammu and Kashmir and Ladakh Union Territories has constituted a Committee comprising three Judges to oversee the operational process of such courts at an early date. The UT of Jammu and Kashmir, it may be recalled, could not avail of the benefits of the Gram Nyayalayas Act of 2008 so far due to there being special status conferred on the then state and only after application of the Jammu and Kashmir Reorganization Act 2019, could the UT come under its ambit to get desired benefits. It goes without saying that looking to the advantages of such courts at rural areas, an attempt was made by the then State Government too in 2013 in the shape of establishing Dehi (village) Adalats (courts) but since the attempt was half -baked, it failed primarily due to the problem of manpower. However, if we go by the successful experience of states like Madhya Pradesh which is having maximum Gram Nyayalayas numbering 90 , there is no reason as to why such courts cannot prove very useful in imparting justice at the litigants’ ”door steps” for which the constituted committee can play its expected role thus opening yet another channel of inexpensive access to justice by the rural population of Jammu and Kashmir and also that of Ladakh. It is worth noting that the Central Government is providing monetary assistance to State and UT Governments for establishing of Gram Nyayalayas. The nitty – gritty of other structural aspects like appointment of heads of these rural courts etc have been duly and clearly enumerated and there should normally be no difficulty on that count too. Referring to development of required infrastructure for judiciary, it is imperative that our courts improved the existing capacity and there were more courts and accordingly facilities to house them too. This was necessary for effectively handling the mounting number of cases and the existing ones getting the requisite need based infrastructure hastening their disposal. In other words, shortage of courtrooms, insufficient infrastructure as also shortage of judicial officers due to the posts lying vacant and associated problems had direct impact on delivery of better and quick justice . The constituted committee has, therefore, been assigned the duty to monitor the development of such infrastructure. At least, executing agencies can, with such monitoring by the three Judge member committee , speed up their work on the on-going projects . Since project based approach is central to raising of such infrastructure for judiciary , things moving in a streamline mode alone could thus be expected.
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