Parliament too being deprived of timely details
Mohinder Verma
JAMMU, Sept 14: Strange it may sound but it is a fact that several Judicial Officers of the State have developed the tendency of paying scant attention towards the explicit directions of the High Court on various important matters. In this way, they are creating impediments in the way of timely working out of strategies to deal with vital issues as well as depriving Parliament and Supreme Court of the timely information.
Sources told EXCELSIOR that any information about functioning of the judiciary sought by the Members of either of the Houses of the Parliament of India is required to be furnished to the Secretariat of Lok Sabha and Rajya Sabha through the High Court of the concerned State.
Similarly, High Courts are required to periodically furnish information on various vital aspects to the Supreme Court so as to facilitate the latter to chalk out strategies vis-à-vis timely dispensing of justice to the litigants.
Early this year, the Secretariat of Rajya Sabha wrote to the Supreme Court as well as High Courts of different States seeking information about number of Special Courts created by various Statutes during the past two years in view of large number of cases pending in various courts; the number of cases pending in these Special Courts and cases disposal rate of these Special Courts.
Acting on the communiqué of Rajya Sabha Secretariat, J&K High Court through Registrar General dashed a Communication No.31951-74-Sts dated March 3, 2017 to the Principal District and Sessions Judges of all the 22 districts of the State asking for furnishing information immediately. The timely furnishing of details was imperative as question in this regard was listed in the Rajya Sabha on March 10, 2017.
However, there was no response from 20 Principal District and Sessions Judges of J&K for four months which prompted the High Court to send a reminder vide Letter No.15118-37/Sts dated July 26, 2017 with the direction to furnish the information regarding Special Courts at the earliest. Much to the surprise of High Court since the issuance of first reminder only six of the 20 Principal District and Sessions Judges have furnished the information till date.
This has compelled the High Court to issue fresh Communication No.23690 dated September 13, 2017 conveying serious concern over dilly-dallying approach on the part of 14 Principal District and Sessions Judges. “Requisite information is still awaited from your side despite lapse of more than six months”, reads the latest communication whereby these Principal District and Session Judges have been given final two days time for compliance to the directions.
“Due to this, the Rajya Sabha Secretariat has been deprived of the information till date”, sources said while giving sufficient hints about J&K High Court coming up with some stringent measures for getting timely information from the Judicial Officers.
Similarly, High Court through Registrar General vide Communication No.17793/Sts dated August 10, 2017 had asked all the Principal District and Sessions Judges of the State about furnishing consolidated information on pendency of cases as on June 30, 2017 in respect of district and subordinate judiciary. The High Court had fixed August 16, 2017 as deadline for compliance to the directives.
However, eight Principal District and Sessions Judges failed to ensure compliance till September 5, 2017 when High Court’s Registry dashed another Letter No.22970-78/Sts expressing concern over the delay. Through this communication two days time was given for collection of information and furnishing of the same to the Registrar General.
“Only four Principal District and Sessions Judges have shown compliance till date and remaining four have yet not responded despite the fact that it was explicitly mentioned in the order of September 5, 2017 that the matter shall be treated as urgent”, sources said. Now, the High Court Registry vide Communication No.23688 dated September 13, 2017 has asked these four Principal District and Sessions Judges to ensure compliance within two days positively.
They disclosed that directives of the High Court Registry regarding physical verification of pending cases was adhered to by the Principal District and Sessions Judges only after issuance of two reminders. However, the information was on analysis turned out to be deficient and not as per requirement. Subsequently, fresh directions were issued seeing information vis-à-vis pendency of civil as well as criminal cases as on July 31, 2017 before and after physical verification.
“This tendency is required to be curbed immediately as timely information is helpful in chalking out strategies vis-à-vis speedy disposal of cases”, sources stressed.
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