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| "38 courts can continue even beyond Aug 31" | | | Early Times Report
jammu, Aug 20: In a suo-moto PIL, a high court division bench today observed that there may not be any difficulty to continue 38 courts of additional/special mobile magistrates even beyond August 31, 2015 without any financial liability on the part of the state government.
When the matter came up for hearing, the bench observed that 38 courts of additional/special mobile magistrates, and staff attached to them, which were established under the 13th Finance Commission in lieu of creating morning and evening courts for improving justice delivery system were not paid salary from March this year. These courts were created by the government order No 929-LD (A) of 2012 dated February 27, 2012 and GO No 2011-LD (A) of 2012 dated June 20, 2012.
The salaries of presiding officers and the staff attached to these courts were not paid on the ground that Government of India had stopped funding after the expiry of period of 13th Finance Commission. The continuance of the courts from March 2015 was felt by the high court with regard to the pendency of case numbering more than 15,000 and the high court submitted a proposal to continue these courts and pay salaries to the presiding officers as well as the staff on June 6, 2015. As no action was taken, the judicial officers and the staff attached to these courts were not paid salaries. Hence an interim direction was issued on July 30, 2015 to release a sum of Rs 4.5 cr for payment of salaries to the 38 presiding officers and staff on or before August 3, 2015 and the court also issued notices to the chief secretary and Secretary to Government, Department of Law, Justice and Parliamentary Affairs.
The bench observed that the advocate general today produced two orders passed by the state government bearing No 2414-LD(A) of 2015 dated 19.08.2015 and No 2417-LD(Acctts) of 2015 dated 19.08.2015. In the order No 2414-LD(A), it is stated that 36 Special/Additional Mobile Magistrates Courts, temporarily created to be co-terminus with the period of the Award of the 13th Finance Commission shall cease to exist after 31.08.2015 and the posts created on this account shall stand abolished. In the other government order No 2417-LD(Acctts), the government has accorded sanction to release additional funds amounting to Rs 519.49 lakh under Detailed Head-001-'Salaries' below Major Head-2-14-Administration of Justice, in favour of Registrar General, High Court for clearance of pending liabilities on account of salaries of Judicial Officers and Staff of the Special/Additional Mobile Magistrates temporarily created under 13th Finance Commission Award for the w.e.f 31.08.2015.
The bench observed that about 15,000 cases are pending in these courts as on 30.06.2015 as per the details furnished by the Registry. The period of 14th Finance Commission is from 01.04.2015 to 31.03.2019. The central government has tentatively decided to sanction a sum of Rs 172.04 cr for five years for setting up Fast Track Courts, Additional Courts, re-designing existing Courts to make them more litigant friendly, providing manpower, technical support and digitalization of case records to enhance ICT environment of courts, Lok Adalat and capacity building activities under 14th Finance Commission. In the proposal of Department of Justice (Government of India), a copy of which is addressed to this court, it is stated that for J&K, Rs 25.33 cr are earmarked for Additional Courts and Rs 48.35 cr for Fast Track Courts are to be sanctioned and Rs.38.5 cr for re-designing Existing Courts. Thus it is clear that a sum of Rs 112.18 cr is earmarked for five years by the Central Government for additional Courts/Fast Tract Courts & Re-designing Existing Courts.
The court observed that continuance of 38 courts which are in existence as on date is sought to be ceased from August 31 next. The amount required for continuing these courts per year would be around Rs 12 cr, ie within the sanctioned amount of Rs 63.83 cr for five years.
So the bench is of the view that there may not be any difficulty to continue the 38 Additional/Special Mobile Magistrate Courts even beyond August 31 without any financial liability on the part of the state government. The advocate general sought time to get response from the Government with regard to the proposal under the quote "Finance Commission" and make statement and submitted that even though the proposal is furnished, no amount has been released by the central government as on date.
On this, the bench impleaded Secretary, Ministry of Law and Justice, Government of India, as party respondent and issued notice which was accepted by ASGI and directed registry to list this case on August 25 next. (JNF) |
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