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HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
Sub: Inspection Note in regard to the inspection conducted by the undersigned
on 26.08.2023 of the Courts of (1) Pr. District & Sessions Court Kishtwar, (2)
Sub-Judge/CJM Court Kishtwar & (3) Munsiff (JMIC) Court Kishtwar.
On 26.08.2023, I reached Kishtwar Court premises at around 10:30 am. I entered
in the Court Room and had the occasion to watch the court proceedings. The
Presiding Officers were sitting in the chairs of their respective courts where
court proceedings were being conducted smoothly.
1. Court of Pr. District & Sessions Judge Kishtwar:-
Presiding Officer Sh. Manjeet Singh Manhas is the Principal District &
Sessions Judge Kishtwar having been posted there since May 8th 2023.
During inspection the following were observed:-
(i) Cause Lists:
Cause lists of cases were duly and conspicuously exhibited, Attendance
Register was duly maintained, Cash Book, Remittance and Income Registers
were properly maintained by the concerned Nazir, Dead Stock Register was
also found properly maintained.
(ii) Judicial work:
a. Work done Statements were received on criminal/civil side.
b. Judgments were received for perusal.
i) Criminal Cases: On perusal of criminal cases statements, as on
01.08.2023, 248 main cases were pending by the end of July 2023, 29
cases were instituted during the month of July which made total number
of cases by the end of July as 277; disposed of during the month 18 cases;
Pendency as on 31st July 2023 is 259 cases. Thus, during the said period
the current Presiding Officer has disposed of total number of (18) cases
which is good disposal.
ii) Civil Cases: on perusal of Civil cases statements, as on 01.08.2023, 491
civil cases were pending by the end of July 2023, 21 cases were instituted
during the month of July 2023, total pendency increased to 512 cases, out
of which 11 cases have been disposed of during the month, the pendency
by the end of July 2023 is 501 cases, the disposal rate is good.
iii) The Presiding officer is directed to dispose of the pending cases more than
5 years old expeditiously on fast track basis. I have also minutely perused
the judgments/orders rendered by the Ld. Presiding Officer. The
judgments/orders are well reasoned and appreciated on law points. I have
noticed that in most of the cases the clerks of Advocates who were
appearing alongwith their Advocates were not dressed in proper Uniform.
Ld. Presiding Officer has been well advised to impress upon the
Advocates and their Clerks to strictly adhere to the wearing of proper
uniform/dress. The Ld. Registrar General is requested to issue copy of the
Circular to all the Presiding Officers including District Court Kishtwar for
compliance of the High Court’s Circular for wearing of proper
dress/uniform by Advocates and their Clerks.
2. Court of Sub-Judge/CJM Kishtwar:-
Sh. Alnasir Salaria is posted as Sub-Judge/CJM Kishtwar since 14.11.2022.
(i) Cause Lists:
Cause lists of cases were duly and conspicuously exhibited, Attendance
Register was duly maintained, Cash Book, Remittance and Income Registers
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were properly maintained by the concerned Nazir, Dead Stock Register was
also found properly maintained.
(ii) Judicial work:
a. Work done Statements were received on criminal/civil side.
b. Judgments were received for perusal.
i) Criminal Cases: As per criminal Cases statements from November 2022
to ending July 2023, 1136 cases were pending disposal. Presiding Officer
has disposed of as many as 389 cases, pendency as on 31.07.2023 is 747
cases, disposal rate is good.
ii) Civil Cases: As per statements of civil cases, from November 2022 to
31.07.2023, 407 civil cases were pending, 24 cases have been instituted
during the period, making it a total of 431 cases, disposal of civil cases for
the said period is nil.
Note:- Ld. Sub-Judge/CJM has brought to my notice that post of
Stenographer is vacant for the last about a year which has made it difficult
for him to write the judgments/orders. The Ld. Pr. Secretary to Hon’ble
the Chief Justice of High Court of J&K & Ladakh is requested to make
necessary arrangement for the posting of stenographer in the said court as
early as possible so that the presiding officer does not face any
inconvenience/difficulty in disposal of the cases.
iii) During inspection, I had the occasion to go through some civil/ criminal
old cases:
i) Civil File No. 1767/20173 (Case No. 207/2017) titled “Ravi Kumar vs.
Budh Singh”, suit of PPI, date of institution 13.11.2017, listed for final
hearing on 18.10.23, the case is pending for almost six (6) years and is
posted for advancing of arguments on 18.10.23.
ii) Civil file No. 1457/2013 (Case No. 144/2013) titled “Desh Raj vs. Isher
Chand”. Suit for PPI, date of institution 14.01.2014, stage is for
production of evidence, case is pending for last more than nine (9) years.
iii) Criminal file: State vs. Omprakash, date of Institution 07.12.2016, next
date fixed 05.09.2023, charges framed on 12.09.2023. Stage evidence.
iv) “State vs. Azhar Momin” u/s 498-A, date of institution 16.02.2014,
charges framed on 03.03.2016, file is pending for prosecution evidence.
Note:-The Presiding Officer is well advised to expedite the disposal of the
aforesaid cases on fast track basis.
3. Court of Munsiff/JMIC Court Kishtwar:-
Sh. Kartar Singh, is posted as Munsiff JMIC Kishtwar, since 28.11.2022.
(i) Cause Lists:
Cause lists of cases were duly and conspicuously exhibited, Attendance
Register was duly maintained, Cash Book, Remittance and Income Registers
were properly maintained by the concerned Nazir, Dead Stock Register was
also found properly maintained.
(ii) Judicial work:
a. Work done Statements were received on criminal/civil side.
b. Judgments were received for perusal.
i) Criminal Cases: As per criminal cases statements from November 2022
to ending July 2023, 427 cases were pending disposal, Presiding Officer
has disposed of as many as 25 cases, pendency as on 31.07.2023 is 402
cases, disposal rate is good.
ii) Civil Cases: As per statements of civil cases, from November 2022 to
31.07.2023, 38 civil cases were pending, institution during the period is
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nil, disposal during the period is 3 cases, pendency at the end of July 2023
is 35.
iii) “State vs. Bashir Ahmad” FIR No. 04/2012 u/s 451/323/147/149 RPC,
pending for production of prosecution evidence, next date fixed
07.10.2023, the case appears to be pending for last more than 11 years,
iv) “State vs. Ghulam Mohd and ors”, FIR no. 04/2011 u/s 341/353/382/34
RPC, date of Institution 19.06.2012. For recording of statements u/s 342
Cr.P.C, next date fixed 09.10.2023, pending for last more than 11 years.
Note:- The presiding officer is directed to speed up the disposal of
aforesaid cases on priority and fast track basis.
4. E-courts:-
During my visit to the aforesaid three courts in District Kishtwar, it was brought
to my notice that there is only one System officer in the District, who has to
manage all the things in all these courts. Ld. Pr. District & Sessions Judge has
brought to my notice that one post of system officer lying vacant. Principal
Secretary to Hon’ble the Chief Justice is requested to make necessary
arrangements for filling up of the aforesaid post.
5. Suggestions:-
It is brought to my notice that the post of Additional Munsiff is lying vacant in
the District for about a year. Registrar General is requested to take up the matter
with Lord Chief Justice in this regard. My Secretary shall send this Inspection
Note in original to the Worthy Registrar General for placing it before His
Lordships, Hon’ble the Chief Justice High Court of J&K and Ladakh for perusal.
(Justice Mohan Lal)
