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| Lok adalat has no jurisdiction over non-compoundable offences: HC | | | EARLY TIMES REPORT
JAMMU, May 16: High court judge, Justice Mansoor Ahmed Mir today allowed a revision petition filed by the state against the July 15, 2008, lok adalat order and set it aside with the observation that it had derived powers and jurisdiction to settle the cases
relating to offences which were not compoundable.
In the present case, how it got the power to convict the accused and record the sentence. These illegal orders had encouraged the litigation. It appeared that the purpose to list the case was that a record number of cases were settled to gain publicity. This
practice was gaining height though it was illegal and against the mandate of law. Such actions/orders, which destroyed the society and the nation, needed to be discouraged, the court said.
Justice Mir said under these circumstances, all the revision petitions were allowed and the impugned orders were set aside. The trial court was directed to summon the accused and take the complaints to their logical end within six months and cause the
appearance of respondents before it.
The court directive came in seven criminal revision petitions filed by the state wherein it was submitted that it had filed separate complaints against the respondents before the Court of competent
jurisdiction at Ramban for offences under section 7/16 of
Prevention of Food Adulteration Act. It appeared that all these
cases were listed before the lok adalat and the respondent and the
accused appeared to have made confessional statements and came to
be convicted and sentenced to pay a fine of Rs 400 in each case
vide order dated July 15, 2008.
Setting aside the lok adalat order made at Ramban, the court
observed that the concept of convening a lok adalat was to settle
the dispute. The purpose of the act was not to refer the cases,
which were not cognizable by it, and try to settle the cases and
pass orders which were beyond its power of competence and
jurisdiction.
It appeared that it had become a trend of the judicial officers,
who convened lok adalats, to show that a record number of cases had
been settled by them to get vide publicity and its July 15, 2008,
order at Ramban was an example in this regard, the court said.
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