Fail to get required attention

05/12/2017

Keeping in view huge pendency of cases, both civil and criminal, in the district judiciaries, it was resolved in the CMCJ Conference that all the State Governments shall provide for at least a minimum increase of 10% per year in the cadre strength of the district judiciary in accordance with the judgment of the Supreme Court in Brij Mohan Lal Versus Union of India. Many decisions taken in the conference of Chief Ministers and Chief Justices of High Courts have failed to get required attention in Jammu and Kashmir despite the lapse of more than one and half year thereby defeating the objective of holding deliberations on the concerns of the judiciary. During the Joint Conference deliberations were held on the subjects of common concern to all the State judiciaries and accordingly several resolutions were passed for strict implementation by the concerned State Governments in consultation with the respective High Courts. However, in Jammu and Kashmir many decisions of the Joint Conference commonly called as CMCJ Conference have not received the due attention of the concerned authorities of the State Government despite the lapse of over one and half years.
However, increase in cadre strength of district judiciary in J&K is neither 10% per year nor in accordance with the judgment of the Apex Court of the country. Though four courts were recently created by the State Government but their task is purely to handle the cases involving offences against the women, they added while disclosing that as per the existing strength of the district judiciary there should have been increase of at least 7 courts. The non-implementation of this resolution of CMCJ Conference in letter and spirit is notwithstanding the fact that pendency in J&K courts is still at alarming level and even commercial courts have not been created in all the districts and only powers have been conferred on the District Judges and this step is not helping in achieving the objective of reducing the pendency at the required rate.
While referring to the importance of Information and Communication Technology in the judiciary, the CMCJ Conference had resolved that State Governments shall urgently resolve issue of connectivity and provide technical manpower support. It was also resolved that State Governments shall review the emoluments which are being paid to ICT staff engaged in the courts on contractual basis. While laying stress on strengthening of legal aid programmes, it was resolved in the CMCJ Conference that State Governments shall take necessary steps for sanctioning of posts of whole time Secretaries for all District Legal Services Authorities (DLSAs) so as to lesson burden on the District Judges. Moreover, large number of posts are still lying vacant in the jails across J&K despite the fact that in the CMCJ Conference it was resolved that State Governments will take steps for
filling up vacancies of sanctioned posts on mission mode basis, sources further informed.

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