Jammu- In order to streamline the disposal of more than 5-year-old cases, the High Court of J&K and Ladakh has issued “additional” guidelines to achieve the endeavor.
According to a fresh circular issued by the Court’s Registrar General for adherence by the District Judiciary, the Principal District Judges of each District has been asked to constitute a ‘District Case Management Committee’ presided over by himself, a senior Additional District Judge (if available) and a Senior Civil Judge preferably CJM to supervise the case management strategy.
“The committee may invite the Judicial Officers concerned in whose courts the oldest cases are pending, the President(s), office bearers and members of the Bar Associations as well as Govt. Pleaders and Public Prosecutors to the meetings if it is felt necessary,” reads the circular.
The District Case Management Committee, the circular says, shall hold periodical meetings at the District Headquarters on the last working day of every month. “The Judicial officers working at places other than the District Headquarters may opt to attend the meeting through virtual mode.”
The Pr. District Judge, it says, shall set the schedule and Agenda of review meetings of the Case Management Committee on monthly basis to monitor the progress of disposal of old cases and to issue directions or make suggestions to Judicial Officers for the speedy disposal of such oldest /target cases.
The District Case Management Committee, it says, shall identify and indicate oldest cases in the Courts of the Magistrates, Civil Judges or in the Courts of District & Sessions Judges, identify target cases and ensure, in consultation with the Administrative Judge of the District, the equitable and rationalized distribution of the oldest /target cases among judicial Officers within the District regard being had to the nature of the cases and their stage of proceedings. “Wherever practicable the complicated cases shall be assigned to the senior and more experienced Judicial Officers.”
The District Case Management Committee, it says, shall also tackle the difficulty arising out of non-appearance or non-production of accused and the witnesses in criminal cases.
“The District Case Management Committee shall prepare the list of the old criminal cases pending trial or disposal before different Courts in the District in which the Police have failed to serve the witness summons or warrants or in which the Police are unable to ensure the presence of the accused,” the circular says, adding, “The Committee can hold meeting with the District SPs and the Public Prosecutors in this regard.”
The Committee may, if required, request District SPs to appoint Senior Police Officers as nodal officers who shall supervise the service of summons on the witnesses in the criminal cases and ensure the presence of the accused before the courts, it says.
“The Committee can also devise a mechanism at the local level in consultation with the District SPs & the Public Prosecutors which can help ensure the strict compliance with the direction of the Courts for production of witnesses before the Courts & for ensuring presence of the accused.”
The High Court also clarified that an endeavor shall be made to dispose of the oldest case(s) on merits and “easy recourse to dismissal of the matters for non-prosecution or deciding the cases ex-parte shall not be taken, unless it is absolutely warranted by the facts of the case.”
“Hon’ble the Chief Justice will personally monitor the above guidelines,” the circular added.
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