Jammu & Kashmir and Ladakh High Court Aims To Clear Backlog: Zero Five-Year Cases by September 2024

In its bid to clear the backlog of old cases and improve access to justice, the High Court of Jammu & Kashmir and Ladakh has launched an ambitious action plan for 2023-24. The plan, approved by Chief Justice N Kotiswar Singh, targets a significant reduction in pending cases, specifically aiming to achieve zero five-year-plus cases by September 30th, 2024.A notification to this effect issued by Registrar General J&K and Ladakh High Court reads,“In order to streamline the disposal of the old cases with the objective to reduce the pendency of cases which are more than five years old and to achieve the target of zero five year plus cases, Hon'ble the Chief Justice has been pleased to approve the following Action Plan for the District Judiciary in UTs of Jammu & Kashmir & Ladakh for the year 2023-2024 w.e.f 01.10.2023 to 30.09.2024”.Targets proposed for the Courts of District & Sessions Judges/ Additional District and Sessions Judges:Fast-tracking cases: All cases involving under-trial prisoners (UTPs) in custody for over five years, along with criminal cases where charge sheets were filed before March 1st, 2018, will be prioritized for disposal.Time-bound disposal of appeals and revisions: Criminal appeals (except PWDV Act), PWDV Act appeals, criminal revision petitions (except Section 125 CrPC), and Section 125 CrPC revision petitions have specific deadlines for disposal, ranging from three months to one year.Clearing civil case backlog: All civil original suits pending for more than five years, other civil matters instituted on or before March 1st, 2020, and all execution petitions pending for over three years will be tackled under the plan.Focus on appeals: Civil first appeals pending for more than five years and civil miscellaneous appeals pending for over one year will also be prioritized for disposal.Targets proposed for the Special Courts:1. The Special Courts constituted under the Prevention of Corruption Act shall decide and dispose of, during the target year 2023-2024, 15 oldest cases in addition to normal standards.2. The Special Courts constituted under the Prevention of Corruption Act for CBI cases shall decide and dispose of, during the target year 2023-2024, 10 oldest cases in addition to normal standards.3. The Special Courts constituted under the POCSO Act shall fast track the cases registered under the POCSO Act and shall decide and dispose of all the cases instituted before March 2023 & shall ensure to complete the trial in all other cases instituted thereafter as far as possible within six months from the date of filing of the charge-sheet.4. The Special Court constituted for trial of offences against women shall decide & dispose of, during the target year 2023-2024:a. All the cases of under-trial prisoners (UTPs) where the UTP is in custody for more than two years from the date of arrest andb. All the cases which are pending disposal for more than five years;5. The Special Court constituted under the NIA shall decide and dispose of, during the target year 2023-2024, twenty oldest cases in addition to the normal standards.6. The Motor Accidents Claims Tribunal shall decide & dispose of during the target year 2023-2024:a. All the claim petitions under MV Act involving death which are more than three years old &b. All the claim petitions under MV Act involving injury which are more than two years old;7. The Commercial Court (exclusive) shall decide and dispose of, during the target year 2023-2024, all the cases of commercial nature which are pending disposal for more than two years in addition to normal standards;8. The Court set up for adjudication of matrimonial disputes shall decide and dispose of, during the target year 2023-2024, all the cases which are pending disposal for more than one year in addition to normal standards;9. The Family Court shall decide and dispose of, during the target year 2023-2024, 150 oldest cases and 50 oldest execution petitions in addition to normal Standards.Guidelines: Alongside these targets, a set of guidelines has also been issued to achieve these targets efficiently. These guidelines include,1. The pendency of the target cases so mentioned above shall be taken as on 30/09/2023 and the cases disposed of since that date be included in the disposal list. But the cases in which the proceedings have been stayed are not to be included in the list of pending target cases. However, if the stay in any such case is vacated during the currency of the Action Plan, it shall be included in the list of target cases.2. The Judicial Officers shall make every endeavour to dispose of the old cases during the target year 2023-2024. They shall prepare list of all the cases pending over 10 years, pending between 05-10 years, cases falling under the Prevention of Corruption Act, cases falling under the other Acts, under-trial cases, bail matters, cases in which interim orders have been passed & cases pertaining to crime against women, children, differently abled persons, senior ...

Jammu & Kashmir and Ladakh High Court Aims To Clear Backlog: Zero Five-Year Cases by September 2024

Basit Amin Makhdoomi

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