High Court Issues Fresh Guidelines To Tackle Pendency Of Cases In Jammu & Kashmir And Ladakh

The circular, issued to this effect introduces the formation of 'District Case Management Committees' as part of a broader strategy to curb delays in the district judiciary across the Union Territories of Jammu & Kashmir and Ladakh.

The initiative builds upon the Action Plan laid out in a previous circular from December 2023. It emphasizes equitable distribution and rationalized management of the oldest cases among judicial officers.

The circular states that these committees will "supervise the case management strategy in each District," and their role will include holding monthly review meetings to monitor the progress of case disposals.

Important Guidelines:

1. Formation of District Case Management Committees
   Each district will establish a committee, presided over by the Principal District Judge, a senior Additional District Judge, and a Senior Civil Judge, preferably a Chief Judicial Magistrate (CJM). These committees will be responsible for the implementation of case management strategies. The circular specifies that the committees will invite judicial officers, Bar Association members, and government pleaders to discuss measures for the swift disposal of old cases.
2. Monthly Meetings to Monitor Progress
   The committees will meet monthly to review the status of pending cases, with the Principal District Judge setting the agenda. Virtual attendance will be an option for judicial officers stationed outside district headquarters.
3. Equitable Case Distribution
   The committee will identify the oldest cases and, in consultation with the Administrative Judge of the District, ensure "equitable and rationalized distribution of the oldest/target cases among judicial officers." Complex cases will be assigned to more experienced judges to avoid unnecessary delays.
4. Coordination with Law Enforcement
   A key concern highlighted is the issue of non-appearance of accused persons and witnesses in criminal cases. The circular mandates coordination between the District Case Management Committee, local police, and public prosecutors to ensure the presence of these parties. Senior police officers may be appointed as nodal officers to oversee compliance with court summons.
5. Disposing of Cases on Merits
   In a clear directive, the circular discourages the practice of dismissing cases for non-prosecution or deciding them ex-parte, except when "absolutely warranted by the facts of the case." The focus is to ensure that justice is served through thorough examination and resolution of cases.

“Hon'ble the Chief Justice will personally monitor the above guidelines”, the circular states.

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