Mohinder Verma
JAMMU, Mar 20: In a significant announcement, the Minister for Law, Justice and Parliamentary Affairs, Mir Saifullah today said that Government is going to establish State Law Commission besides 18 fast track and 36 Sub-Judge/Munsiff Courts to clear the pendency of cases and provide speedy justice to the needy. He also sent a warning signal to Government counsels against any kind of negligence and slackness in handling the cases and announced that their performance would be reviewed after every six months.
Winding up discussion on the demand of grants of Departments of Law, Justice and Parliamentary Affairs in the Legislative Assembly, Mr Saifullah said, “a proposal has already been moved to establish Law Commission in the State to help the Government to make new laws and I am hopeful that the first ever Law Commission in Jammu and Kashmir would be in place during the current year”, adding “the Commission will invite suggestions from the people on the laws applicable in the State and submit its recommendations to the Government”.
The Department of Law, Justice and Parliamentary Affairs has already constituted a committee comprising Advocate General, Law Secretary, some other senior officers of the department and two eminent Advocates to examine the existing laws and suggest measures to amend the same and remove the obsolete laws from the Statute Book, the Minister further said, adding the committee has also been asked to consider the Private Members Bills of the Legislators.
“The department has already moved drafts of some new laws keeping in view the industrialization, advancement in information technology, increasing offences against women and offences relating to narcotics and drugs”, Mr Saifullah informed the House.
About the pendency of cases, which remains the concern of the judiciary as well as State Government, the Minister said that over 22,000 cases have been pending in both the wings of the State High Court while as 1,91,144 cases in the Subordinate Courts across the State. In order to ensure speedy disposal of the cases, five High Court Judges and seven District and Sessions Judges were appointed recently, he further said, adding four vacancies of District and Sessions Judges and 10 Munsiffs have been referred to the recruiting agency.
“Moreover, to provide speedy justice to the people by ensuring timely disposal of cases the Government is considering 18 Fast Track Courts—eight of the rank of District and Sessions Judges and 10 of the rank of Civil Judges (Senior Division)”, the Minister said, adding “36 new courts—14 Sub-Judge and 22 Munsiff Courts are also being established at different places of the State. I want one Munsiff Court at all the Block Headquarters and formal proposal in this regard would be submitted to the Government shortly”.
He further informed the House that one Dehi Adalat would be established in all the 22 districts of the State in Phase-I. “The Finance and Planning Departments have given concurrence in this regard and funds for the Dehi Adalats would be provided by the Union Government”, he said, adding “this would also help in bringing down pendency of cases. The State High Court has already fixed time-frame for disposal of different nature of cases by the different courts”.
Pointing towards the issue raised by certain MLAs, the Law Minister said that the performance of the Government Advocates, Public Prosecutors, Additional Public Prosecutors and Standing Counsels would be reviewed after every six months under the State Litigation Policy and whosoever found negligent and incompetent in handling the cases would be terminated. “In the criminal cases day to day monitoring of Government Counsels has already been going on”, he added.
Stating that State Litigation Policy was being implemented in letter and spirit for helping general public in getting speedy justice and timely disposal of cases, Mr Saifullah said, “District Litigation Officers will be appointed so that common masses could get help/guidance from them free of cost”, adding “the Litigation Officers would also monitor progress in Government cases in the courts and furnish details to the State Government for necessary follow-up action”.
About the functioning of State Human Rights Commission and State Accountability Commission, the Minister said, “I will talk to the Chief Minister regarding the issue of investigating agency for these Commissions”, adding “out of 424 recommendations made by the State Human Rights Commission 208 have been disposed off”. He further said that vacant post of Chairperson and a Member of SHRC would be filled up soon to strengthen the Commission.
Referring to Justice Verma Commission recommendations, Mr Saifullah said that draft of the bill has been prepared and submitted to the Government for consideration. “Once introduced in the House every member would get chance to deliberate on the bill and make suggestions”, he added.
About the results yielded by the Lok Adalats and Mega Lok Adalats, the Minister said that 505 Lok Adalats were organized during the current fiscal in which 9633 cases were settled and compensation to the tune of Rs 11.56 crore was disbursed to the victims or their survivors. In the Mega Lok Adalats, 3545 cases were settled with mutual consensus and compensation to the tune of Rs 5.50 crore was disbursed.
He made a mention of revision of salary, housing, and car loans for Legislators and said that a circular has already been issued by the GAD on the directions of Chief Minister to retain the protocol of Legislators in Government and public functions. He further said that Consultative Committee would also be constituted to review the functioning of the Department. He said a proposal has been prepared to computerize the Assembly and Council records. A proposal to enhance the pension of ex-legislators would also be moved in the House.
Twelve members took part in discussion on the demand of grants of the department. They included Mohammad Ashraf Ganai, M Y Tarigami, Ashok Kumar, Ajaz Ahmed Jan, Nasir Aslam Wani, Javed Ahmed Dar, G M Saroori, Jagdesh Raj Sapolia, Er Abdul Rashid, Charanjeet Singh, Dr Sheikh Mustafa Kamal and Prof Gharu Ram.
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