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JSC takes tough measures to speed up cases in District and Magistrates’ Courts
View(s):District Courts will be required to dispose of cases pending more than 10 years within the next two years and Magistrates’ courts will have to dispose of cases pending over five years within one year.
The directive has come in a circular issued by the Judicial Services Commission (JSC) and will come into effect from November 01.
The JSC said the measures were found to be required after taking into consideration public petitions about the law’s delays. The JSC has set out guidelines for the expediting of cases by both courts.
Accordingly, all cases pending for more than 10 years in District Courts and five years in Magistrates’ Courts should be given priority and completed. These cases, once taken up for hearing should be taken up on a day-to-day basis with the recording evidence of witnesses during that period.
The reason for the postponement of cases should be recorded in the courts log and mentioned in the daily report.
In the event if permission is granted for written submissions, in addition to oral submissions or instead of oral submissions, the written submissions should be submitted in a specified period, the JSC has directed. No permission should be granted to make written submissions in open courts.
In the event a case is not completed due to an unavoidable reason, a report should be submitted to the JSC giving reasons for the delay and the JSC will provide an opportunity to discuss the reasons.
The JSC circular has directed that District Court judgments should be delivered within three months, after hearing of the case and Magistrate court judgments within one month.
All District Court Judges and Magistrates have been directed to complete the hearing of cases during their three-year term or before retiring from service.
The JSC also has said that the efficiency and performance of the judges in disposing of cases will be monitored and taken into consideration in their promotions and increments.
The judges also have been set annual targets in the number of cases to be completed. Accordingly, a District Judge should deliver 45 judgments and in the event if the Judge is also serving in a combined court, the number of judgments will be 20. A Magistrate should deliver 120 judgments and in the event of a combined court 70 judgments (for criminal cases).