STATE TIMES NEWS
JAMMU: In order to ensure early clearance of pending cases in different courts, the Chief Justice (A) Rajesh Bindal has formulated an Action Plan and fixed targets for disposal of the cases. After deeply analyzing situation vis-à-vis pendency of cases in various courts of the District and Subordinate Courts in UTs of Jammu & Kashmir and Ladakh, the Chief Justice (A) Rajesh Bindal found it appropriate to chalk out an Action Plan for speedy disposal of cases.
According to a Circular issued by Registrar General, District & Sessions Judges and Additional Districts & Sessions Judges shall dispose of 25 oldest Executive Petitions and decide and dispose of by September 30, 2021, all civil original suits and other civil matters which have been filed on or before March 31, 2014. It was further ordered that they shall decide and dispose of all civil miscellaneous appeals which are more than a year old besides deciding and disposing of by or before September 30, 2021, all regular appeals which are more than 7 years old.
In the Circular it was further asked to decide and dispose of by or before September 30, 2021, all cases of under-trials, where accused are in custody for more than 5 years and also to decide and dispose of all criminal revisions which are more than 1 year old. In the action plan, it was further directed to decide and dispose of all criminal Challans (irrespective of involvement of under trials) where charge-sheet has been filed on or before March 31, 2014 and to decide and dispose of by or before November 30, 2021 all criminal appeals which are more than 3 years old.
The circular further said that Special courts set-up under Prevention of Corruption Act and Special courts set up under Prevention of Corruption Act for CBI cases, shall decide and dispose of ten oldest cases, in addition to normal standards. It was further asked that all cases/applications where interim stay orders have been passed to be decided within one month of the passing of interim order and the bail applications to be decided within a week in terms of Supreme Court order in Hussain and another vs. Union of India.
Endeavour shall be made to dispose of old cases during current year upto March 31, 2021. However, because of prevailing conditions due to COVID-19 pandemic, the monitoring to strictly follow aforesaid action plan will be made from April 1, 2021. Pendency of target cases, as mentioned above, be taken as on March 31, 2021 and cases disposed of since that day falling in the target cases be included in disposal list.
Cases, in which proceedings have been stayed, are not to be included in the list. In case the stay is vacated during currency of Action Plan, then the same be included in the list of Action Plan cases. The District & Sessions Judges shall, in consultation with Administrative Judge, distribute and allocate cases targeted under Action Plan 2021-22 equally amongst Judicial Officers to ensure that the oldest cases in Sessions Division are properly targeted and shall manage the work by using their administrative skills.
The District & Sessions Judge shall ensure uploading of the Court-wise list of cases identified under Action Plan 2021-22 along with stage of case on website of the Sessions Court within a week from the date of receipt of the communication and also updating of status of such cases on monthly basis latest by 10th of every month. The District and Sessions Judge shall ensure that the list of Action Plan cases is not changed except under his orders. It was further asked that in case any Officer proceeds on long leave or resigns or is transferred during period from April 1, 2021 to March 31, 2022 and no substitute is provided in place of such Officer or in the event of amalgamation or withdrawal of a Court, the District & Sessions Judge shall transfer pending Action Plan cases in such Court equally amongst all other judicial officers and exclude the rest of the pending targeted cases of said Officer and the lists of Action Plan cases of such transferee Court(s) shall be modified in proportion accordingly. In case, an additional Judicial Officer joins during the currency of Action Plan, then the District & Sessions Judge shall fix the proportionate target under Action Plan for the said Officer in consultation with the Administrative Judge from other oldest cases out of remaining cases not included in Action Plan 202122 earlier and target for Sessions Division be also modified accordingly.
The Court shall ensure that reasonable opportunity is given to parties before passing any adverse order of closing of evidence etc. The District & Sessions Judge shall submit the Court-wise figures of disposal of targeted cases selected under Action Plan 2021-22 in prescribed format to the High Court on monthly basis on or before 10th of every month for placing same before Administrative Judge of concerned district.