Access To Justice: Jammu & Kashmir High Court Launches 'Insaaf Ki Dastak' Initiative To Enable Filing Of Cases Via Postal Service; Sets Up Camp Courts

Chief Justice Gita Mittal and Justice Rajesh Bindal launched the two-pronged initiative titled 'Insaaf ki Dastak' to enable continuous access to justice to people living in areas that disable them on account of being located in far flung locations, prevented by harsh weather conditions or on account of ignorance, illiteracy, disability, poverty or any other disabling reasons in approaching the nearest Munsiff, Magistrate, District and Sessions Courts and the High Court.

The first programme under this initiative is filing of cases in Post Offices and other Approved Centres.

As per a press note issued by the High Court, a party residing in a remote area, desirous of filing a case before a Judicial Magistrate may file the same before the nearest approved centre or the nearest Government post office.

Such litigants may seek assistance in drafting/ filing from para legal volunteers/ panel lawyer attached to the concerned Approved Centre.

The post office/ approved centre shall maintain the entire record of filing of the cases in soft form as well as in Registers specially maintained for the purposes and hearing of these cases can also be undertaken through video conferencing wherever possible.

It has been provided that these cases shall be accorded priority for their listing/hearing.

A person belonging to a remote area may engage any counsel of his/ her choice. In case he/ she desires so, the Legal Services Authority (SLSA) / concerned District Legal Service Authority (DLSA) / Jammu Kashmir High Court Legal Services Committee / Approved Centre shall provide legal service to such person.

The first programme under this initiative is setting up of Camp Courts.

The concept of the Camp Courts is that the Judicial Officers will travel to far flung and inaccessible areas that become physical obstacles for citizens in reaching the nearest court or to the marginalised communities because of their disabilities.

The High Court has set up eleven such Camp Courts in the month of February, 2019.

It will be the responsibility of the District and Sessions Judge concerned to also ensure:

• Compliance of the statutory provisions and the rules
• Appropriate premises for court
• Appropriate accommodation for the Judge and staff
• Necessary equipment
• Security of the Judge and staff

The Camp Court judges shall also coordinate with the state machinery and synchronize the court sittings with visits of representatives of concerned departments (which may include revenue / education / health/ banking / rural development / social welfare / labour amongst others) to facilitate the local population and maximise the benefits of their visit.

"The "Insaaf Ki Dastak" initiative undertaken by the Hon'ble High Court of J&K, strives to achieve justice by reaching out to the last person(s) in the remotest areas of Jammu, Kashmir & Ladakh regions by taking outreach initiatives for connecting to the people with the help of PLVs, Legal Service Institutions, Post Offices, Government approved CSCs and the local administration. Innovative and effective strategies are necessary for combating the endemic challenges and obstacles in this quest towards justice. The magnificence of the "access to justice" concept would be upheld and ensured when we remove all the hindrances in the way and ensure the Rule of Law," the press note stated.

Significantly, amendments already stand effected to the Jammu & Kashmir High Court Rules, 1999; to the Jammu & Kashmir General Rules (Civil) and the Jammu & Kashmir General Rules (Criminal) 1988, to give effect to the above two initiatives.

Speaking on the inaugural ceremony of the initiatives, Chief Justice Gita Mittal said,

"Access to justice, fundamental to the rule of law, is basic to human rights. It is a right — not merely a privilege — which entitles the humblest human to legal literacy, fundamental rights and also their enforcement.

Though the two are not synonymous, however, without access to courts, it is not possible to ensure access to justice.

'Insaf Ki Dastak' is a special initiative of the High Court of Jammu and Kashmir to enable every citizen of the Union Territories of Jammu & Kashmir and Ladakh easy access to Justice in its simplest and purest form, overcoming every possible barrier including those due to illiteracy, financial, penury, gender, age, disability topography, distance, climate, societal amongst others."