Jammu and Kashmir Litigations – What to Expect
You would be surprised to know that the Jammu and Kashmir tribunals are responsible for the rising number of Jammu and Kashmir lawsuits. In order to understand this phenomenon, it is important to look at some of the other legal processes in the region.
In fact, when we talk of law in Jammu and Kashmir, we must also be reminded that the tribunals do not take part in any decision making process. This was a result of the Supreme Court’s decision to declare that decisions made by tribunals cannot be called a decision as such. If the Supreme Court had not allowed such claims, then the tribunals would not have been able to function.
The tribunals in Kashmir are only supposed to be deciding cases that involve issues pertaining to the laws of Kashmir. They can not make any decision as to what happens to anyone involved in any case. In short, they cannot take sides. But since they are not part of the decision making process, they have been finding themselves facing increasing Jammu and Kashmir lawsuits. The tribunals are thus finding their own decisions difficult to carry out.
In order to understand how tribunals have become increasingly involved in the running of Jammu and Kashmir lawsuits, we need to take a closer look at some of the processes. When the Jammu and Kashmir courts are holding a hearing, they first make the complaint. The complaint then goes to the accused person, who has to prove his innocence or otherwise.
The accused person may appeal against the complaint and this procedure is also followed by the tribunals. It is for this reason that the tribunals are constantly coming into contact with the accused person. There is no other option except for them to meet the accused person in order to prove his innocence. If this cannot be done, then the accused person has to go to the courts on his own.
Another point that is worth noting is that the courts are also allowing the accused person to cross examine the accused parties’ witnesses. This was not done earlier. The accused parties had to prove their points through their own evidence and if the evidence was insufficient, they had to rely on the testimony of the accused persons’ witnesses. This was a very time consuming procedure and the accused people were not given the benefit of cross-examining the witnesses.
Today, the Jammu and Kashmir tribunals are allowing the accused person to cross examine the accused parties’ witnesses on their own. However, the accused parties have to provide proof of the point that they are defending, i.e., by producing documentary proof that supports their point of view. Otherwise, they have to wait until the court proceedings are over. This helps the accused person to save time and also to protect their case from being reduced to a trivial one.
There is thus a lot of confusion and uncertainty among the tribunals. These are some reasons why the number of Jammu and Kashmir lawsuits has been on the rise. Now that the situation is under control, they will hopefully start settling cases and will get back to the right track.
If you are facing Jammu and Kashmir lawsuits, do not panic. There is a lot of information available on the internet about the court process and there are many articles that tell you what you have to do in order to get out of the case without paying a dime. However, there are certain points that need to be kept in mind.
As soon as you step out of the court premises, you have to consult a Jammu and Kashmir lawyer for legal advice. A competent Jammu and Kashmir lawyer will guide you in all the aspects of the case, from the filing of the complaint, to the final judgment.
Most of the Jammu and Kashmir tribunals allow the defendants to file for bankruptcy if they cannot pay their debts. This enables them to get rid of their liabilities in a simple way. But before you file for bankruptcy, make sure that you consult a Kashmir lawyer who specializes in Jammu and Kashmir judgments.
