Excelsior Correspondent
Srinagar, Dec 22: The State High Court has expressed its serious concern over lackadaisical approach of Government over establishment of village courts (Dehi Adalats) in the State.
The Division Bench of Chief Justice Gita Mittal and Justice Sanjeev Kumar heavily came down on State Government through its counsel who despite various opportunities failed to submit the response to the PIL seeking establishment of village Court in the State.
The Chief Justice during the hearing of the PIL observed to State counsel “it is very unfortunate that despite the legislation in place Government has failed to establish Dehi Adaalats in the State and repeated directions passed by the Court, the Government is seeking only time after time to inform the court as to what steps so far has been taken to implement the Jammu and Kashmir Dehi Adalats Act, 2013.”
Chief Secretary, Commissi-oner/Secretary (GAD), Commissioner/Secretary Law, Justice and Parliamentary Affairs are already under direction to file the status report before the court on the issue but till date all have failed to do so.
Court observed to State Counsel that such a critical issue has been shelved by the Government despite repeated directions by the Court which is very unfair, unreasonable and irresponsible act on part of the Government. Court after great persuasion by State counsel granted further time to Government for response with warning that in case response is not filed, court will proceed ahead with appropriate orders.
J&K Legislature has passed legislation in year 2013 known as “The Jammu and Kashmir Dehi Adalats Act, 2013” for establishing village courts at grass root level but after passing of four years nothing on ground has been done.
Purpose of establishing Dehi Adalats is to provide access to Justice to the citizens at their doorsteps and also for ensuring that Justice cannot be denied to any citizen by reason of social, economic or other disabilities as enshrined in the Preamble and under Article 39(A) and 14 of the Constitution.
The Petitioner-counsel informed the Court that Dehi Adalat Act, 2013 has been published in Government Gazette on 24th October 2013, and has come into force on 03-09-2014 by virtue of SRO 274 of 2014. To the unfortunate affairs and the inaction of the state authorities near about four years have passed since coming into force of the said Act, till date the respondents have failed to implement the said Act.
“The Government by SRO 275 OF 2014 has already issued notification for the establishment of 22 Dehi Adalats in 22 districts of the State, but no process has been initiated thereof to make Dehi Adalats functional in the State. The Legislature intended to bring the pillars of justice at the door steps of its citizens by passing the said legislation. The legislation has a Magna-carta (fundamental rights) effect in opening doors of justice to citizens who are not able to secure justice by reason of social, economic or other disabilities as enshrined in the Preamble and under Article 39(A) and 14 of the Constitution but the inaction of the Respondents has stopped the objective of the legislature to provide Justice at grass root level to its citizens by way of the said Act,” read the petition.
The petitioner sought intervention of court by directing the respondents to implement “The Jammu and Kashmir Dehi Adalats Act, 2013” in letter and spirit thereby establishing Dehi Adalats as is provided under the Act and make them functional in the entire State of J&K.
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