The legal system is often seen as a pillar of justice and fairness; however, when justice is delayed, it becomes justice denied. Practically, backlogs, delays, and pendency of cases have remained a persistent challenge. To address these issues, the High Court of Jammu & Kashmir and Ladakh has taken a proactive step by formulating an ambitious Action Plan aimed at the expeditious disposal of over 10-year-old cases, as well as the resolution of pending cases involving senior citizens and terminally ill individuals, with a fixed deadline of June 30, 2025. Backlogs in courts impede justice and erode public trust in the judicial system. The pendency of cases in Jammu & Kashmir has reached alarming proportions, with numerous courts grappling with hundreds of cases, many of which have been pending for over a decade. Such delays severely impact the lives of litigants, particularly in sensitive cases like those involving senior citizens and individuals with terminal illnesses. These individuals, who are often at the twilight of their lives, are especially vulnerable and should not have to endure prolonged legal proceedings. The High Court’s decision to prioritise these cases is, therefore, a much-needed intervention to ensure that justice is delivered promptly and fairly.
The Action Plan itself is comprehensive, setting clear and structured timelines for the resolution of cases across various categories. Courts with fewer than 50 cases over 10 years old will focus on resolving 50 of the oldest pending cases, with an equal distribution of civil and criminal cases. Special attention will also be given to execution petitions that are more than three years old and appeals or revisions pending for over two years. This targeted approach will help streamline case resolution and ease the burden on the judiciary, allowing for a more focused effort on the most pressing cases. Another significant aspect of the Action Plan is its emphasis on specialised courts. Family Courts, Commercial Courts, and Juvenile Justice Boards will identify their 100 oldest cases and work toward their resolution. Similarly, courts dealing with sensitive matters like cases under the POCSO Act, offences against women, and the Prevention of Corruption Act will prioritise the 50 oldest cases in each category. This prioritisation of specialised cases ensures that the legal system continues to address the unique needs of vulnerable populations and complex legal issues.
In addition to targeting old cases, the High Court has also focused on resolving motor accident claims. The Motor Accidents Claims Tribunals have been tasked with resolving 200 of the oldest claims and 50 execution petitions, with other courts exercising similar powers required to clear backlogs in their jurisdiction. This is a crucial step for ensuring that victims of accidents and their families are not left waiting for years to receive compensation for their losses.
Another key feature of the Action Plan is the incorporation of modern technology in the judicial process. The High Court has instructed that Information Technology be used to expedite proceedings, especially for formal witnesses and those residing abroad. This is a welcome move, as it not only reduces the physical burden on the court system but also ensures that trials can proceed without unnecessary delays.
The Chief Justice, along with other judicial officers, will be closely monitoring the progress of the Action Plan. Review meetings and assessments based on the disposal rate of target cases will ensure that the plan is being executed effectively and that the timelines set are adhered to. While this Action Plan is undoubtedly a step in the right direction, its success will depend on several factors. The courts must ensure that the resources, both human and infrastructural, are adequate to handle the increased workload. Additionally, strict measures have been put in place to prevent adjournments, which often contribute to delays. This judicial relief is of much importance. Every aspect has been meticulously taken care of. These initiatives will definitely provide much-needed relief to those awaiting justice.
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