In order to ensure early clearance of pending cases in different courts, the Chief Justice (A) Rajesh Bindal has formulated an Action Plan and fixed targets for disposal of the cases.
After deeply analyzing the situation vis-à-vis pendency of cases in various courts of the District and Subordinate Courts in
UTs of Jammu & Kashmir and Ladakh, the Chief Justice (A) Rajesh Bindal found it appropriate to chalk out an Action Plan for speedy disposal of the cases.
According to the Ciruclar issued by Registrar General that District and Sessions Judges and Additional Districts & Sessions Judges shall disposes of 25 oldest Executive Petitions and decide and dispose of by 30th September, 2021, all civil original suits and other civil matters which have been filed on or before 31.03.2014.
It is further ordered that they shall decide and dispose of all civil miscellaneous appeals which are morethan 1 Year old and also decide and dispose of by or before 30th September, 2021, all regular appeals which are more than 7 Years old.
In the Circular it is further asked to decide and dispose of by or before 30th September, 2021, all cases of under trials where the accused are in custody for more than 5 years and also to decide and dispose of all criminal revisions which are more than 1 year old.
In the action Plan it is further directed to decide and dispose of all criminal challans (irrespective of involvement of under trials) where charge sheet has been filed on or before 31.03.2014 and to decide and dispose of by or before 30th November, 2021 all criminal appeals which are more than 3 years old.
The circular further said that the Special courts set up under Prevention of Corruption Act and Special courts set up under Prevention of Corruption Act for CBI cases, shall decide and dispose of ten oldest cases, in addition to normal standards .
It is further asked that all cases/applications where interim stay orders have been passed to be decided within one month of the passing of interim order and the bail applications to be decided within a week in terms of Hon’ble Supreme Court order in Hussain and another vs. Union of India.
Endeavour shall be made to dispose of old cases during current year upto 31st March, 2021. However, because of the prevailing conditions due to Covid-19 pandemic, the monitoring to strictly follow the aforesaid action plan will be made from 1st April, 2021.
Pendency of target cases, as mentioned above, be taken as on 31st March, 2021 and the cases disposed of since that day falling in the target cases be included in the disposal list.
Cases, in which proceedings have been stayed, are not to be included in the list. In case the stay is vacated during the currency of the Action Plan then the same be included in the list of Action Plan cases.
The District & Sessions Judges shall, in consultation with Hon’ble Administrative Judge, distribute and allocate the cases targeted under Action Plan 2021-22 equally amongst the Judicial Officers to ensure that the oldest cases in the Sessions Division
are properly targeted and they shall manage the work by using their administrative skills.
The District & Sessions Judge shall ensure uploading of the Court wise list of cases identified under Action Plan 2021-22 alongwith stage of the case on the web-site of the Sessions Court within one week from the date of receipt of the communication and also updating of the status of such cases on monthly basis latest by 10* of every month. The District and Sessions Judge shall ensure that the list of Action Plan cases is not changed except under his orders.
It is further asked that in case any Officer proceeds on long leave or resigns or is transferred during the period from 1st April, 2021 to 31st March, 2022 and no substitute is provided in place of such Officer or in the event of amalgamation or withdrawal of a Court, the District & Sessions Judge shall transfer the pending Action Plan cases in such Court equally amongst all other judicial officers and exclude the rest of the pending targeted cases of the said Officer and the lists of Action Plan cases of such transferee Court(s) shall be modified in proportion accordingly. In case an additional Judicial Officer joins during the currency of Action Plan, then the District & Sessions Judge shall fix the proportionate target under Action Plan for the said Officer in consultation with the Hon’ble Administrative Judge from other oldest cases out of the remaining cases not included in the Action Plan 2021¬22 earlier and the target for the Sessions Division be also modified accordingly.
The Court shall ensure that reasonable opportunity is given to the parties before passing any adverse order of closing of evidence etc.
The District & Sessions Judge shall submit the Court wise figures of disposal of targeted cases selected under Action Plan 2021-22 in the following format to the High Court on monthly basis on or before 10th of eveiy month for placing the same before Hon’ble Administrative Judge of the concerned district.