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| Justice delayed is justice denied, 80,000 cases pile in J&K HC | | | Bashir Assad
SRINAGAR, Aug 7: Around 2.80 lakh cases are pending in various courts in Jammu and Kashmir with 80,000 cases piling up before the High Court only due to judges' shortage resulting in delay in disposal of the decades old cases.
The Jammu and Kashmir having 14 sanctioned vacancies has just seven judges (including Chief Justice MM Kumar) with 4 at Srinagar and 3 at Jammu while over 50% of slots - seven - have remained vacant for quite some time. The deficiency of judges have not only resulted in delay in justice to the litigants but also has rendered lawyers both at Srinagar and Jammu helpless in the eyes of their clients whose cases did not come up for hearing due to paucity of judges.
"The old cases are pending for decades and are not been taken for disposal due to shortage of judges" leading lawyer Riyaz Khawar told Early Times.
He said the situation becomes worse since the court has two wings - in Srinagar and Jammu - which means that three judges each are stationed in either city while the Chief Justice shifts biannually between the two capital cities.
The State Law Department, that estimates the number of pending cases to be around 34,000, had pledged to fill the vacancies by July, however, August is in progress but judges have not been appointed as yet. Officials say a committee, which among others included former J&K High Court Chief Justice, FM Ibrahim Kalifullah - appointed as a Supreme Court judge two months back - had recommended names of four lawyers and two subordinate judges for their elevation as judges in March.
"The recommendations were sent to Chief Minister Omar Abdullah, Governor NN Vohra, the Union Law Ministry and the CJI, Commissioner/Secretary State Law Department," Tantray said. "Omar and Vohra cleared the recommendations a month later, but the Union law ministry took another month and the case is now pending before the Supreme Court."
The names recommended by Governor NN Vohra to Union Law Ministry included Special Judge CBI Court BL Bhat and Registrar General Janak Raj Kotwal from the Bench Quota; Additional Advocate General Ali Mohammad Magray, Designated Senior Lawyer Dheeraj Singh Thakur (son of late Devi Dass Thakur) , Advocate Azharul Amin and Advocate Tashi Robertson of Leh from the Bar Quota.
At present there are only seven judges including Chief Justice out of the total strength of 14 judges.
Due to vacant posts of judges the number of pending cases is increasing with each passing day. "There were nearly 2,80,000 cases pending in different courts across the State, which include more than 82000 pending for disposal in both wings of the High Court", Riyaz Khawar said. He further added that due to paucity of Judges Justice as Justice delayed is Justice denied. |
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