Category:Court records of Kolasib district

BACKGROUND AND STATUS OF DISTRICT COURTS, KOLASIB: AIZAWL JUDICIAL DISTRICT, MIZORAM- INDIA Reported to respected Shri. A.M. Bokshi, Chief Controller of Account Ministry of Law & Justice, Govt. of India Time: 7th April, 2009 [Tuesday]

Reported by: Dr. H.T.C. Lalrinchhana Civil Judge-Cum- Judicial Magistrate First Class				                              Kolasib: Aizawl Judicial District

Introduction: Kolasib revenue/administrative district is under the jurisdiction of Aizawl Judicial District [Vide, Notification No.A.12011/32/06-LJE,the 7th January, 2008[Vide, the Mizoram Gazette, Extra Ordinary Vol.XXXVII, 8.1.2008 Pausa 17,S.E.1929, Issue No.2 with regards to Civil Courts and Notification No.A.12011/32/06-LJE: Dated Aizawl, the 2ndJune, 2008 [Vide, the Mizoram Gazette, Extra Ordinary: Vol. XXXVII, 12.6.2008, Jyaistha 22, S.E. 1930, Issue No. 197] and amended under even No. Dated Aizawl, the 7th Oct., 2008 [Vide, the Mizoram Gazette, Extra Ordinary: Vol. XXXVII, 24.10.2008. Kartika 2, S.E. 1930, Issue No. 430] with the approval of Hon’ble Gauhati High Court Vide, No. HC. VII-14 (PT)/2007/8467/A Dated 25th August, 2008 in respect of Criminal Courts], along with the other revenue/administrative districts of Champhai, Mamit and Serchhip. One District & Sessions Judge and three Additional District & Sessions Judges sitting at District Court Building, Aizawl manned cases triable by Sessions Judge and District Judges over to Kolasib administrative district. Kolasib revenue/administrative district is planned to administer in a judiciary perspective as follows: CRIMINAL COURTS: [Notified under No.A.12011/32/06-LJE: Dated Aizawl, the 2ndJune, 2008 [Vide, the Mizoram Gazette, Extra Ordinary: Vol. XXXVII, 12.6.2008, Jyaistha 22, S.E. 1930, Issue No. 197] and amended under even No. Dated Aizawl, the 7th Oct., 2008 [Vide, the Mizoram Gazette, Extra Ordinary: Vol. XXXVII, 24.10.2008. Kartika 2, S.E. 1930, Issue No. 430] with the approval of Hon’ble Gauhati High Court Vide, No. HC. VII-14 (PT)/2007/8467/A Dated 25th August, 2008] 1.	Chief Judicial Magistrate (CJM) - 1 No.                          2.Sub-Divisional Judicial Magistrate (Sadar), Kolasib- 1 No                           3.Sub-Divisional Judicial Magistrate, Kawnpui- 1 No                           4.Sub-Divisional Judicial Magistrate, Vairengte- 1 No Total- 4 [Four] Criminal Courts CIVIL COURTS: [Notified under No.A.12011/32/06-LJE,the 7th January, 2008[Vide, the Mizoram Gazette, Extra Ordinary Vol. XXXVII, 8.1.2008 Pausa 17,S.E. 1929, Issue No.2] 1.	Senior Civil Judge (Sr. CJ) - 1 No. 2.Civil Judges- 3 Nos. Total- 4 [Four] Civil Courts A.	Existing structure/Courts of Kolasib administrative district at a nascent separation of judiciary in Mizoram: The present building is occupied since 31st October, 2008 shifted from the aegis of the Deputy Commissioner’s Office, Kolasib and is yet to be inaugurated. A-1: Courts [Including quasi judicial functions]: One Civil Judge-Cum-Judicial Magistrate First Class with the following assignments: (a)	Civil Judge under the Mizoram Civil Courts Act, 2005 (11 of 2005) (b)	Judicial Magistrate of the First Class [JMFC] under the Code of Criminal Procedure, 1973. (c)	Magistrate, Additional Subordinate District Council Court [ASDCC] under the Lushai Hills Autonomous District (Administration of Justice) Rules, 1953 (d)	District Registrar under the Registration Act, 1908 (XVI of 1908) (e)	Permission to delay registration of births and deaths under the Registration of Births & Deaths Act, 1969 (18 of 1969) and the Mizoram Registration of Births & Deaths Rules, 2007 A-2: Current incumbent Staff strength: (a)	7 numbers of Permanent Bench Clerks/LDCs (b)	3 numbers of MR Bench Clerks/LDCs (c)	1 number of MR Driver (d)	1 number of Permanent IVth Grade (e)	7 numbers of MR IVth Grade Total- 19 Staff and 1 Officer B.	A retrospect of the previous year [viz. 2008]: Status of Court cases and revenue so collected: B-1: Status of court cases during 2008: Sl.no	Inherited	Instituted	Disposed of	Pendency 1	2	3	4	5 1	Civil	Criminal	Civil	Criminal	Civil	Criminal	Civil	Criminal 2	8	220	54	551	42	395	20	376 Total	228	605	437	398 B-2: Revenue collected during 2008: Rs. 6,71,848/- From fines, bail bond amount forfeited etc. C.	Problems and challenges ahead: C-1: Approach Road: Incomplete construction of approach road curbing entrance of Prison Van/Heavy Vehicle in the court yard which leads to violation of the inherent rights of the detenues/UTPs and vice versa of the innocent public/people as compel to drop and pick up detenues/UTPs at a public main road where the public have a right to access/passage and enjoy their easement rights for their daily livelihood. More so, it hampers traffic management in the main road of College Veng, Kolasib besides endanger to flee away of accused from justice in the un-control thoroughfare. Note: As per the estimate prepared by the PWD, Kolasib Division, Department of Law and Judicial, Government of Mizoram undertakes the matter to make sanction for the same. Obviously, urgent response is a sine qua non for the said lacunae. C-2: Court Infra-structure: Most of the furniture such as; Almirah, Tables etc. in the newly occupied District Court building are borrowed from the Office of Deputy Commissioner, Kolasib for the time being. C-3: Residential Quarters: Neither the Judicial Officer/s nor the court officials/staff have an indispensable residential quarter(s) in Kolasib to run the court in a healthy manner which is inimical to justice delivery system as observed by the Hon’ble Apex Court in the case of All India Judges’ Association Vs. union of India & Ors. reported in (1992) 1 SCC 119 and whilst the Hon’ble Supreme Court also verdict in its historic judgment in the case of C. Ravichandran Iyer Vs. Justice A.M. Battacharjee reported in AIR (1995) 5 SCC 457 (para 10) stating that “Judiciary must be free not only from executive pressures but also from other pressures” while the esteemed Govt. of Mizoram erecting the milestone of insulation of judiciary in the state to fulfill the aspirations of the constitutional framers. Seeking of house or a flat for a rented and stayed as a tenant under the clemency of landlord like in the transitional urban areas in Kolasib is perilous for obtrusive and fair justice delivery system. It may also be pertinent to say that no land for Residential Quarter has been acquired or possessed till date in Kolasib. Urgently, it is also quite felt to construct Chowkider Quarter and Inspection Bungalow [IB] in the court premises where permitted by the remaining small area of land. C-4: Inadequate Judicial Officers/vacant post of Judicial Officers: As highlighted in the above, there is still vacant post of judicial officers in Kolasib. In this onerous task, newly recruited MJS officers undergoing training at NEJOTI, Guwahati, Assam may increase the number very soon plus another post advertisement to fill up six vacant post of Senior Civil Judges already made by the Hon’ble Gauhati High Court in the previous year is also expected to fulfill constitution of Civil & Criminal Courts in Mizoram including both civil and criminal courts in Kolasib to cope with the afore mentioned. C-5: Staffing: Streamlining Ministerial staff from Sheristadar at the top and Attendance at the bottom in a hierarchical shape is the moot point according to the Civil & Criminal Rules and Orders chalked out by the Gauhati High Court. It is heard that separate rules for recruitment of Ministerial staff is under persuasion. Adequate number of ministerial staff who are at home in court work is still another urgent need. C.	6: Pool Vehicle etc.: No vehicle including pool vehicle are allotted for the District Courts of Kolasib which cogently created hindrances in judiciary like procuring indents and maintaining the status and prestige of judicial officers/judiciary which also violated the verdict of Hon’ble Apex Court in the case of All India Judges Association Vs. Union of India & Ors. reported in (2002) 4 SCC 247 and the recommendations of the so-called First National Judicial Pay Commission chaired by Hon’ble Justice K. Jagannatha Shetty, November, 1999; Bangalore, India. Furthermore, no vehicle like Motor Cycle or Scooter for Process Server/Despatch Rider has been availed in Kolasib Courts, It is also the blockage of timely justice whilst Right to speedy trial is incorporated under Article 21 of the Constitution of India in the case of Kadra Pahadiya V. State of Bihar: (1983) 2 SCC 104. Indeed, it could not be able to follow the provisions of the Code of Criminal Procedure, 1908 and the Gauhati High Court Civil Rules & Orders to process summons or other daily court orders due to lack of Motor Cycle or Scooter for serving of process. Thanking you with looking forward under the glimpse of excellent, gumption, painstaking and strenuous effort of our pride Government of India and Mizoram.