STATE TIMES NEWS
JAMMU: Justice Vinod Chatterji Koul of Jammu and Kashmir and Ladakh High Court recently emphasized the need for the Judicial Academy to implement training programs for judicial officers regarding the conduct and administration of Lok Adalats [Executive Engineer and Ors V/s Ghulam Mohideen Tantray].
Justice Vinod Chatterji Koul set aside an award passed by the Chief Judicial Magistrate (CJM) Handwara in a Lok Adalat in a dispute between a house owner and the Roads and Buildings (R&B) department.
The Court questioned how the award was passed without a settlement between the parties.
“Lok Adalat is meant for conciliated settlement of disputes outside Courts and its is also called as People’s Court. Lok Adalat is aiming at to determine and to arrive at a compromise or settlement between the parties to a dispute in respect of any dispute or any matter which is falling within the jurisdiction of, and is not brought before, any court for which the Lok Adalat is organised. Lok Adalat can compromise and settle even criminal cases, which are compoundable under the relevant rules,” Court said.
Justice Vinod Chatterji Koul found the award was passed after dealing with the merits of the case and in disrespect of the provisions of National Legal Services Authority (Lok Adalats) Regulations, 2009, and law laid down by the Supreme Court.
It flagged how the flawed order had led to unnecessary litigation and utilization of funds from public expenditure.
“Had not the order/award impugned been passed, the instant petition would not have been before this Court. It is to be seen that upon passing of the order impugned: the petitioners herein had to engage the men and machinery for obtaining the order impugned; making inter se communications; obtaining the legal opinion what to do further vis-à-vis order impugned; upon receiving the legal opinion for preparing/drafting the instant petition hiring the advocate(s); and thereafter vetting the petition; and last, but not least, expending and utilizing funds from Public Exchequer for that matter, which could have been utilized for any ‘public welfare purpose’.”
Accordingly, the Court set aside the award and recommended training for the judicial officers.
“Needless to say that, in order to avert the situation as has arisen in the instant case, where a Judicial officer, holding the Lok Adalat, fails to comply with the Regulations of 2009 and/or any other laws governing the holding/conducting of Lok Adalats, and passes wrong orders as has been done in the present case, the Judicial Academy is required to conduct such programmes where Judicial Officers are imparted the training about holding/conducting of Lok Adalats and making them aware about the laws applicable/prevalent,” Court said.