SHILLONG: The Meghalaya High Court has come up with an action plan for reduction in pendency of five year old cases and more in subordinate courts in the state.
According to the action plan, the target date to achieve zero pendency of five year plus old cases will be March 31, 2020 for all subordinate courts and the target date to dispose of ten year plus old cases will be December 31 this year for all subordinate courts.
The high court wanted every judicial officer to dispose of on a monthly basis at least 10 to 15% of the pending five year plus old cases in their respective courts.
Any deviations will have to be intimated to the high court.
UTP cases
As for the courts of District and Sessions Judges, the high court said all the cases of Under Trial Prisoners (UTPs) where the UTP is in custody for more than one year and charge-sheet has been filed, should be disposed of by holding day-to-day trial and within two years from the date of arrest.
Cases registered under POCSO Act, 2012 will be fast-tracked and special courts will ensure that the trial is completed, as far as possible, within six months from the date of filing charge-sheet.
All criminal appeals pending for more than one year, and all criminal revisions pending for more than six months, will be disposed of by holding day-to-day trial, before the end of December 31 this year.
Revision petitions filed challenging orders passed in section 125 CrPC proceedings should always be disposed of within a period of six months from the date of filing.
Guardianship petitions-petitions seeking custody of children and divorce petitions should always be disposed of within a period of one year from the date of filing.
Meetings with DCs, SPs
The court has also directed the district & sessions judges to hold monthly meetings with the Deputy Commissioners and the
Superintendents of Police of their respective districts for improving the justice delivery system.
The district & sessions judges will furnish the list of cases, with the name of the concerned police stations.
The court said at the end of every month, it will be the duty of the concerned district and sessions judge to collate, within his/her district, details of five year plus old cases, more particularly, the stage of each case and reasons for the same.
The district & sessions judges will hold bi-monthly meetings with the judicial officers within each judgeship for effective monitoring so as to achieve the targets set for disposal on time.
Direction to Munsiff courts
The high court has also come up with directions for the courts of munsiff/judicial magistrate stating that all cases of under trial prisoners, where the accused is in judicial custody for more than six months, should be disposed of within the next months.
“The judicial magistrates shall not pass order for further remand of accused in judicial custody mechanically and must be circumspect in passing such remand orders bearing in mind the provisions of law and judicial pronouncements”, the court said.
Before passing an order for further remand, the judicial magistrate should see that if the period of detention already undergone is longer than the probable punishment, which may be given on conviction, in the facts and circumstances of a particular case. Instead of remanding again to judicial custody, the accused may be released on such bond fixed by the court.
The chief judicial magistrates/judicial magistrates shall make special efforts to commit all sessions triable cases immediately, the court said.
According to the direction, the judicial magistrates can dispose of all one year old petty cases by resorting to the provisions of section 258 CrPC.
The judicial magistrates dealing with N.I Act cases will dispose of all pending cases of five years and longer within the next three months and will always dispose of such cases within a period of six months from their date of institution.
The judicial magistrates must dispose of all petitions filed under section 125 CrPC and reliefs claimed under the Protection of Women from Domestic Violence Act, 2005 within a period of six months, from the date of their filing, the court said.
Civil Courts
The high court also ordered that civil courts will dispose of all pending suits, execution petitions, miscellaneous cases and others which are five years and longer before the end of the target indicated in the action plan.
The presiding officers of civil courts must dispose of caveat filed under section 148-A CPC within the stipulated period of ninety days.
In every case involving a child in conflict with law, every effort should be made by the Juvenile Justice Board to complete the inquiry, as far as may be possible, within four months from the date of incident.
The high court also said all the judicial officers shall adhere to the directions given by the court that all pending cases of five years, ten years or more, should be disposed of before the end of the target set in the action plan and holding day-to-day trial. “Hearing of such cases shall not ordinarily be adjourned beyond fifteen days”, the court said.
Moreover, bail/ zimma applications should be disposed of within three days but not later than one week from the date of hearing.
Cases involving social concern, should be treated as special category, and should be put on fast track in order to dispose of such cases speedily, holding day-to-day trial.
In appropriate cases, the criminal courts will resort to the provisions of section 309 CrPC and see that the inquiry or trials are concluded expeditiously. The courts should not grant unreasonable adjournments either to the prosecution or the defence when such prayer is made and even if the adjournment is granted, necessary cost may be awarded to the other party, the action plan said
Each individual judicial officer should make an action plan after assessing his/ her docket size and nature of cases. They should work an extra one hour, beyond his/her scheduled working hours to achieve the targets, the court said.
“Care should be taken by the judicial officers not to neglect other cases while making extra effort for disposal of such old pending cases”, the direction said.
