MP HC frames rules for case flow management

Bhopal, Aug 10: Taking an initiative for speedy disposal of cases, the Madhya Pradesh High Court has framed case flow management rules for categorising cases for its disposal through fast track and normal track.

The petitions in the fast track shall invariably be disposed of within a period of six months, while those in the normal track shall be disposed of as expeditiously as possible, say the rules published in Madhya Pradesh gazette on August 3.

The High Court shall, at the stage of admission or issuing notice before admission, categorise the writ petitions depending upon the urgency with which the matter should be dealt with.

Petitions pending before the High Court on the date of coming into force of the rules regardless of the stage at which they are in shall, as soon as may be, posted for the purpose of categorization.

If no track is assigned to a case by the High Court, it shall continue in normal track.

Petitions in which an interim order of stay or injunction is granted in respect of liability to tax, demolition or eviction from public premises and all matters involving tenders, admission to professional educational courses, result of examinations and environmental pollution shall also be put on fast track.

A writ of habeas corpus shall have preference over and above fast track cases and shall invariably be disposed of within fifteen days. Notices in respect of writ of habeas corpus, where the person is in custody on government order, shall invariably be issued by the court at the first listing and shall be returnable within 72 hours.

Cases to be dealt through fast track include appeals in respect of injunction, Workmen Compensation Act, Accommodaton Control Act, Hindu Marriage Act, Family Court Act, Indian Divorce Act, Special Marriage Act, Motor Vehicle Act (where compensation has been refused), Land Acquisition Act, State Financial Corporation Act, Railway Claims Tribunal Act, Guardian and Wards Act and Employees State Insurance Act.

A committee comprising the Registrar, Additional Registrars and Deputy Registrar and concerned Section officer shall, at interval of every two months, monitor the stage of each case likely to come up for hearing before each division bench or single bench. Details of this exercise shall be placed before the committee of judges, nominated by the Chief Justice for that purpose, as well as the concerned judge or judges dealing with cases, as per prevalent roster.

The judge may shift the case from one track to another, at any stage of the case, depending upon the complexity, urgency and other such circumstances of the case.

The data of the case will be fed into the computer in such a manner that the judge will be able to ascertain the position and stage of every case in every track.

Whenever the roster changes, the judge dealing with final hearing matters shall keep himself informed about the stage of the cases in various tracks listed before him during every week with a view to see that the cases are taken up early.

The Registrar of the High Court shall maintain a register containing name and address of the counsels authorised to accept service on behalf of the Central and state governments or authorities under its control and make it available to the bar.

The rules framed by the High Court under section 89 of the Code of Civil Procedure shall, as far as practicable, apply in respect of settlement of cases.

Categorisation of criminal appeals shall be based on gravity of offence, severity of sentence imposed and whether the accused is on bail or in jail. Cases wherein capital punishment has been imposed and cases relating to rape, sexual offences and dowry death shall be put on express track, while other cases wherein the accused is not granted bail shall be kept in fast track.

Cases which affect a large number of persons such as cases of mass cheating, economic offences, illicit liquor tragedy cases, food adulteration cases and cases involving offences of sensitive nature shall be kept in rapid track.

Offences tried by special courts constituted under POTA, TADA, NDPS Act, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act and Prevention of Corruption Act shall be kept in brisk track, while all other offences shall be placed in normal track.

Endeavour shall be made to dispose of express track cases within six months, fast track cases within nine months, rapid track cases within one year, brisk track cases within 15 months and normal track cases within 18 months.

In appeals against acquittals, steps for appointment of amicus curie or state legal aid counsel in respect of the accused who do not have a lawyer should be undertaken by the High Court Legal Services Committee immediately after completion of four weeks of service of notice.

A panel of advocates shall be prepared by the Registry out of which an advocate may be appointed by the court in appropriate cases to appear on behalf of a party. The fees for such appearance shall be payable by the High Court Legal Services Commission.

UNI