Huge pendency is one of the issues irking the entire judicial structure especially the highest rungs in the judicial pyramid. Pendency is not peculiar to our State alone. In almost all States, the pendency issue is as irritating as in our own State. Not only that even the Apex Court has more than once taken a serious note and has been in consultation with the Government as well on the matter how pendency can be reduced and justice done to the litigants. The Supreme Court considered the matter and the Chief Justice of India issued several instructions to the judicial structure in the country to tackle the cases that are 10 years or more old on priority basis. J&K High Court also, in its turn, issued instructions to judicial officers throughout the length and breadth of the State to ensure that the instructions of the Supreme Court were implemented.
The instructions, in nutshell, were that judicial officers should make a list of cases that are pending for disposal for last ten years or more and these should be taken up on priority basis so that speedy justice is meted out. The District and Sessions Judges were directed to monitor the progress of judicial officers handling the over-due cases and submit regular report to the High Court. The High Court has noted that despite repeated instructions that judicial officers should strictly adhere to the instructions, it has been found that due consideration is not given to the instructions of the High Court.
How can one explain the audacity of judicial officers in paying scant attention to the instructions of the High Court? Judiciary has to be a model institution that delivers justice to the aggrieved people as quickly as possible and in as emphatic terms as possible.
We are proud that our judiciary is enjoying the trust of the nation. It is one of the most upright judiciaries of the world and it has enormously important role in building new India. Independence of judiciary is perhaps the most important feature of democracy. This being so, the question is why then do our judicial officers falter in performing their duty. Why should the High Court have the necessity of issuing repeated notices to the judicial officers and Subordinate Courts to respond to the instructions that have been formally conveyed to them?
Another glaring irregularity observed lately in our judicial dispensation is that there have been clear instructions that record of stamp papers is properly maintained by the registries concerned. It has come to the notice of the High Court that is some cases, no dependable record of stamp papers attached to the affidavits etc. is maintained which gives rise to some doubts. Stamp papers sellers are instructed to maintain complete record of the stamp papers issued in whose name and address and the number of the stamp papers etc. Any authorized officer can examine these records. The same is true of the sub-registry office that complete record of stamp papers used as annexure are properly dated and stamped. Sadly, a glaring aspect is that Sub-Registrars have not been paying serious attention towards maintaining of records with a view to stop misuse/re-use of stamp papers for which detailed instructions were issued way back in 2013.
In final analysis, it is obvious that the High Court shall have to take stringent measures to break this stereotype mindset among the junior judicial officers and infuse in them the spirit of a new and rising India where youth will not tolerate the old habits of dilly-dallying.
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