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| Rise in crime & population call for strong judiciary | | | Does the situation in Jammu and
Kashmir, that has been existing
during the last over 23 years, calls for increase in the number of judges in the state High Court and in all other subordinate courts? This question has assumed significance following revelation that several lakh cases have been pending in the High Court and in other subordinate courts. Prior to the rise of Pakistan sponsored militancy Jammu and Kashmir used to have minimum criminal cases and civil cases pending in the courts. The reason being that majority of people had no criminal background and hence were scared of indulging in any criminal activities.With the well defined and implemented agrarian reforms the usual civil suites related to land disputes in Jammu and Kashmir were quite low and invariably some of these disputes were settled either by the village heads or by the family heads. However,the entire political and security scenario had registered a marked change with sharp rise in criminal activities.For centuries people in Kashmir have not dared to slaughter lambs or even chicken and would seek help from the butchers.This culture was hit hard the moment militants,trained in camps in Pakist an,started indulging in killing of civilians,political leaders and security personnel.
Having enacted the dance of death and destruction since 1989 militants gave new and alarming dimensions to the security and political situation in the state which has led to increase in the number of court cases,both criminal and civil suites.As far as the High Court in the state is concerned 14 posts of judges stand sanctioned.But unfortunately numbeer of posts have remained vacant for years together on one reason or the other.The case remained similar in subordinate courts.The net result was gradual accumulation of cases in the High Court and in the subordinate courts.With erosion in the authority of the village and family heads more and more people were forced to knock the doors of the courts for seeking justice.With yearly increase in the number of cases,including over 2000 rape cases,the pendency rate or period too started increasing forcing litigant public to allege that increase in pendency amounted to clear delay in justice which meant justice denied.Though the Chief Justice has set up five fast track courts for ensuring speedy trial but the purpose is yet to be achieved.
It was not possible for a limited number of judges in the High court and in the subordinate courts to clear the backlog of pending cases.Now the appointment of five judges in the High Court has raised the number of judges to 12 against the sanctioned strength of 14 posts.In the light of the reports that indicate that the total number of cases pending in all the courts,including the High Court,has touched over 2.38 lakhs and out of this only 53,000 are civil cases.This reveals that the criminal cases have increased in a geometric progression thereby adding to the woes and workload of the judges.Experts rightly argue in favour of increase in the number of posts of judges and that of the courts on the basis of rapid increase in the crime graph and in the number of litigants.Since the state,especially the Kashmir valley, has been witnessing population explosion during the last 30 years despite killings of civilians, resulting in increase in the number of widows and orphans,the state needs not less than 25 posts of judges in the High Court and sizeable increase in the judges in the lower courts.Besides incease in the numbeer of judges both the presiding officers in various courts and the lawyers need to address the problem of inordinate delays in settling the cases because of certain tactics adopted by the litigants and the witnesses.In certain cases advocates too are seen indulging in dilaying tactics.Hence the judges and the lawyers,two main and vital wings of judicial system in the country,need to join hands for evolving a mechanism for ensuring speedy justice. |
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