J&K&L High Court Issues Guidelines Prioritising Cases Of Defence Personnel & Their Families In District Courts

The Jammu & Kashmir High Court has laid down comprehensive guidelines to ensure fast-track adjudication and special procedural safeguards for cases involving serving and retired defence personnel, including Central Armed Police Forces (CAPFs), and their dependents.The move reflects a policy shift aimed at recognising the unique service conditions and sacrifices made by the defence community. The order has been issued under the direction of the Chief Justice.The guidelines titled “Guidelines for Trial and Disposal of Cases of Defence Personnel by the Officers of the District Judiciary, 2025”, apply across all courts in the Union Territories of Jammu & Kashmir and Ladakh. The scope covers:All litigation involving serving or retired personnel of the Army, Navy, Air Force, and CAPFs like CRPF, BSF, CISF, SSB, Assam Rifles, dependents of defence personnel who are incapacitated or deceased, Special Measures and Fast-TrackingKey features of the guidelines include:Identification and Marking of Cases: All courts must identify and specially mark cases involving defence personnel, whether already pending or newly filed, to ensure priority handling.Expeditious Trial: Courts are directed to dispose of such matters on a priority basis, while being guided by laws like the Indian Soldiers (Litigation) Act, 1925, Army Act, 1950, and related military laws.Attendance and Convenience: Defence personnel should not be made to wait unnecessarily in court. Proceedings must respect the statutory timelines related to their service constraints.Special Protection Against Detention or Restraint: Any detention of serving defence personnel must follow legal protocols, and authorities must inform their superior officers. For retired personnel, Zila Sainik Boards should be notified.Recognition of Service-Related Privileges: Courts have been directed to factor in any statutory immunity or privileges available to defence personnel and pass orders consistent with those legal safeguards. Similarly, wherever required, proceedings may be stayed in accordance with applicable defence laws.Promotion of Alternative Dispute Resolution: In cases where compromise or settlement is feasible, judges have been asked to actively explore mediation or Lok Adalat mechanisms under Section 89 CPC or the Legal Services Authorities Act.Training and Capacity Building: To implement the new framework effectively, the J&K Judicial Academy will organize periodic training for judicial officers on military service laws, tribunal jurisdictions, and related litigation nuances.All judicial officers have been directed to comply with these guidelines immediately. The notification, bearing No. 39408-62/RG and dated 22.07.2025, aims to embed a culture of respect, efficiency, and sensitivity towards defence personnel in the justice delivery system.Click Here To Read Notification

J&K&L High Court Issues Guidelines Prioritising Cases Of Defence Personnel & Their Families In District Courts

Aleem Syeed

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