*20 Judicial Officers showing non-compliance to orders
Mohinder Verma
JAMMU, Sept 27: J&K High Court is facing embarrassment before the Secretariat of Lok Sabha and Union Ministry of Law and Justice not because of its own fault but due to slackness of several Judicial Officers, who have been dilly-dallying on furnishing information vis-à-vis stay orders from the Supreme Court and highest judiciary of State and cases against senior citizens and children.
Official sources told EXCELSIOR that Secretariat of Lok Sabha some months back, while admitting provisionally a question regarding cases pending due to stay orders, had dashed communication to Registrar Generals of all the High Courts across the country including Jammu and Kashmir.
The Lok Sabha actually wanted to know the number of court cases which are pending due to stay orders from the Supreme Court and High Courts for more than two years in the High Court wing.
Acting swiftly on the communiqué of Lok Sabha Secretariat, Registrar General of J&K High Court vide letter No. 180066/67/Sts dated August 31, 2016 wrote to the Registrar Judicial, High Court of J&K at Jammu/Srinagar seeking information regarding the number of court cases pending due to stay orders for more than two years. For furnishing this information, deadline of September 6, 2016 was fixed by the Registrar General of J&K High Court, A K Koul.
Similarly, vide communication No.18195-288/Sts dated September 1, 2016 the Registrar General of J&K High Court wrote to all the Principal District and Sessions Judges of the State with the direction to provide information regarding the number of court cases pending due to stay order from Apex Court and High Court for more than two years in their respective districts.
Even for the Principal District and Sessions Judges the deadline of September 6, 2016 was fixed so as to place the consolidated details before the Secretariat of Lok Sabha.
Ironically, Principal Distr-ict and Sessions Judges of Baramulla, Budgam, Gande-rbal, Jammu, Kishtwar, Kulgam, Kupwara, Pulwama, Ramban, Reasi, Samba and Shopian have failed to ensure compliance to the directives of the Registrar General, reads an official document of the High Court.
Viewing non-compliance seriously, the High Court through Deputy Registrar has communicated to these Principal District and Sessions Judges vide letter No.19689/Sts dated September 26 to treat the furnishing of details as most urgent so that the same is transmitted to the concerned quarter as desired.
“The requisite information is still awaited from your side despite lapse of more than three weeks”, said the latest communication of High Court. “Due to the failure of these Principal District and Sessions Judges in timely furnishing the information, the State High Court is facing embarrassment before the Lok Sabha Secretariat, which is repeatedly asking for the desired information”, sources said.
It is pertinent to mention here that cases whose disposal is getting delayed due to stay orders from the Supreme Court or High Court are in large number in Jammu and Kashmir. Besides other issues, these cases involve developmental works of immense public importance and for want of prolonged delay in vacation of stays the developmental activities have been suffering continuously.
“Moreover, there are numerous cases where proceedings in the FIRs relating to corruption cases have been stayed as a result of which the involved accused are remaining unpunished”, sources pointed out.
Similarly, Under Secretary to Government of India, Ministry of Law and Justice, Department of Justice, New Delhi vide letter dated February 25, 2016 had asked the J&K High Court to furnish the information regarding cases against senior citizens and children. This information was sought for furnishing the same before the Lok Sabha.
On the receipt of Department of Justice’s letter, office of Registrar General of J&K High Court vide communication No.40795-817/Sts dated March 1, 2016 had written to all the Principal District and Sessions Judges asking them to furnish requisite information which pertains to their respective courts and the courts subordinate to them within one day.
However, 14 Principal District and Sessions Judges failed to ensure compliance to the order till September 1, 2016 when High Court again wrote them while expressing concern over soft-paddling approach despite lapse of more than five months.
Stating that High Court is still facing embarrassment before the Union Law Ministry as well as Lok Sabha Secretariat on this count also, sources said that eight Principal District and Sessions Judges have not filed the requisite information till September 26. “Now, the Principal District and Sessions Judges of Baramulla, Jammu, Kulgam, Leh, Pulwama, Samba, Shopian and Srinagar have again been asked to provide the much awaited details as early as possible”, sources said.
“It is a matter of serious concern that most urgent matters are being handled with utmost non-seriousness by the Judicial Officers”, sources said, adding “it has become a tendency in Jammu and Kashmir judiciary that information sought from different quarters at the Central level is furnished only after issuance of several reminders”.
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