According to the state government, a total of 2.73 lakh cases, both civil and criminal, are pending before various courts across the state. It said 82,296 cases, including 4,125 criminal cases, were pending in the high court while the pendency in subordinate courts was 1,91,144 till December 2012 which was “reflective of an alarming situation”.
“There are 3,319 and 7,305 cases of various natures which are pending in the high court and subordinate courts, respectively, for the past more than 10 years. To reduce the pendency, the high court has issued a number of circulars to the subordinate courts for disposal of such cases within a fixed period,” an official document of the state Law Department said.
The department, however, claimed that it would establish 18 fast-track courts comprising eight of the rank of the district and session judges and 10 of the rank of the civil judges to clear the pendency of cases and provide speedy justice to petitioners.
“The delay in the decision on cases pending before the courts always leads to diminishing faith among the public in the judicial system and it is virtually happening in the state. The rising pendency should be viewed seriously and it needs corrective measures to restore the public faith in the law,” a senior law department official said requesting anonymity.
Former Additional Advocate General, J&K, BS Slathia, who is also the former president of the Bar Association, Jammu, said the state government should be blamed for the prevailing mess in the system.
“Most of the cases remain pending for years due to the insensitive attitude of the state government as it doesn’t either implement the high court orders or file objections, which leads to the rising pendency,” Slathia said.
He said the delay in decision on various cases defeats the purpose of justice. According to the Supreme Court, speedy justice is the fundamental right of the people and it needs to be ensured by the state government.
Five high court judges and seven district and session judges were recently appointed in the state. Besides, the Law Department has referred four vacancies of the district and session judges and 10 munsiffs to the recruiting agency.
Minister for Law Mir Saifullah recently claimed that the government was implementing the State Litigation Policy in letter and spirit for speedy justice to people and timely disposal of cases.
The minister had announced that the performance of government advocates, public prosecutors and standing counsels was reviewed periodically through the policy and poor performers would be terminated.
(TNS)
