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| Bifurcation order of civil, criminal cases in subordinate courts withdrawn | | |
JAMMU, APR 4
In the larger interest of the public as well as advocates, the Acting Chief Justice of Jammu and Kashmir High Court Mr. Justice N A Kakru has withdrawn the decision regarding bifurcating the civil and criminal cases.
The High Court has rescinded the order of distribution of civil and criminal cases at different levels in the subordinate courts. Under the order, the cases were distributed and assigned to various subordinate courts of Jammu.
Registrar General of the High Court, Hasnain Masoodi, on the instructions of High Court, had made a statement before Justice J. P. Singh that "He does not want to prosecute the reference seeking distribution of civil and criminal work in the Subordinate Courts, as reflected in his initial communication dated April 27,.2006."
Justice Singh has therefore declined to proceed with the reference made by the High Court of J&K, with the result the order passed by the Court on MAY 1,.2006, directing the Principal District & Sessions Judge Jammu, to " issue consequential orders pursuant to this order and ensure that the files of the cases mentioned in his report reach the transferee courts without any delay" with the further command that "the transferee courts start trying these cases with expeditious dispatch". In the May 1 order, Justice J .P. Singh had further directed that the Principal District & Sessions Judge Jammu shall send monthly report to this court so that the working in these courts is reviewed for passing further orders on this matter to ensure speedy dispensation of justice.
It is ironical that since May 2006, although the subordinate courts were assigned cases of Civil and Criminal nature as per High Court order, the experimental endeavour proved only a wild goose chase, as instead of yielding expeditious and speedy results, the litigating public was left hay way. The cases, which were ripe for judgments in the month of May 2006, were still awaiting orders on account of the centralization of work in the subordinate courts in the above said manner. The experiment, however, proved counter productive as the fate of a huge number of cases is hanging fire even today, which may have been decided in the month of May-June 2006. The litigants, as well as the advocates, were clamouring for decentralization of the work in the manner in which the same had been conducted prior to May 1, 2006 and the Bar Association Jammu had been seriously contesting the reference. A number of representations were also made but the reference continued to be pending and awaited finality.
It is said that Acting Chief Justice Kakru issued direction to the Registrar General to withdraw the reference in the interest of institution in particular and public at large and the Bar members. As a sequel of this direction, Masoodi, filed an urgency memo seeking listing of the reference.After obtaining instructions from the Acting Chief Justice, Masoodi listed the case before Justice J. P. Singh, who passed the orders declining to proceed with the reference made by the High Court. With this order, decentralization of Civil and Criminal work in the subordinate courts has been initiated with immediate effect.
Hasnain Masoodi, was personally present in the court during the proceedings. |
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