CJ seeks list of ‘sensitive’ cases about CMs, Ministers

Aqib Ahmad
Srinagar: Chief Justice of Jammu and Kashmir High Court has asked all judicial officers to submit a list of ‘sensitive’ cases relating to former and present Chief Ministers and ministers in the state.
The Chief Justice M M Kumar has also sought list of the sensitive cases regarding militants as well as those relating to scandals involving large amount of money.
The instruction is a part of detailed guidelines issued recently by the Chief Justice to all judicial officers in the state to make the “system more accountable, litigant-friendly, effective and meaningful.”
“All the officers would prepare a list of 25 old cases of each category, a copy of which shall be displayed in the chamber of the Presiding Officer. The officers should ensure expeditious disposal of such cases and submit their fortnightly progress report to the High Court,” reads the circular issued by Registrar Judicial of the court.
“All the officers would prepare list of cases, in which proceedings have been stayed by the High Court or record of trial or appellate court has been summoned by the High Court. The list so prepared shall be submitted to the High court with a copy to the Registrar Judicial of respective wings, who may seek appropriate orders for listing of such cases.”
The circular also directs submission of list of cases in which proceedings have been stayed or the record has been summoned by the First Appellate court or any other Appellate Forum.
Principal District and Session judges have been asked to make sure that members of the ministerial staff working under their control (below the rank of Section Officers), who are working on the posts for three years or more on their present position, are shifted to other seats.
“The inefficient/ill-reputed officials could even be posted out of the headquarters to ensure the proper functioning of the courts.”
In another guideline, the First Appellate Court have been asked to ensure that trial court record summoned is remitted back to the concerned court immediately after its purpose of summoning is over.
“All the officers would make sure that un-necessary adjournments are avoided and wherever it is necessary to grant an adjournment the amended Civil Procedure Code is followed strictly.”
The doctors who are called as witnesses shall invariably be examined in pre-lunch session so that they are in a position to return to their clinics or hospitals as quickly as possible, it said.
Similarly, it said, the under-trial prisoners should not be made to wait for their cases to be called, for the whole day and their cases should be preferably taken up before lunch.
“The Principal District and Sessions Judges should make sincere efforts in concluding the inquiries assigned to them, speedily and on their merit, irrespective of the fact that the allegations are withdrawn by the complainant(s) in due course of time, because the purpose of the enquiry is to ascertain the truth and not to bury the rot.”
All the officers, it said, should closely monitor the working of their staff and make necessary corrections wherever required, to avoid un-necessary harassment, inconvenience and loss of time to the litigant public.
“The officers are required to furnish the monthly statement(s) of the witnesses summoned and actually examined.”
The Principal District and Sessions Judges, it said, should ensure that no court is left with the complaint of in-adequate staff.
If it is not possible for him to do so, the circular said, he should immediately take up the matter with the High Court.
“All the Presiding Officers shall submit a compliance report in respect of the guidelines to the respective Administrative Judges and any breach thereof shall be viewed seriously.”