Lok Adalat not empowered to dismiss case for non-prosecution: Jammu and Kashmir High Court

The High Court of Jammu and Kashmir and Ladakh recently observed that there is no power vested with Lok Adalats to dismiss a case referred to it for non-prosecution or if a party fails to appear before it [Syed Tajamul Bashir V/s Mohammad Ayoub Khan]..Justice Sanjay Dhar clarified that the Lok Adalat can either pass an award if the parties before it arrive at a settlement or (if no such settlement is reached) refer the case back to the court concerned for its disposal under law."There remains no manner of doubt that a Lok Adalat can pass an award only if the parties arrive at compromise or settlement. In case no such compromise or settlement is arrived at, the only option available with the Lok Adalat is to refer the case back to the concerned Court for its disposal under law. There is no power vested with the Lok Adalat to dismiss a case referred to it for non-prosecution, if a party fails to appear before it," stated the August 9 order..Lok Adalats offer an alternative platform to resolve disputes. Cases pending before courts of law or at pre-litigation stages can be referred to Lok Adalats for the amicable settlement of disputes under the Legal Service Authorities Act, 1987.The idea is to ease the burden of courts and to pave the way for faster resolution of legal disputes.The High Court was hearing a plea challenging a Lok Adalat's decision to dismiss a cheque bounce complaint for want of prosecution.The question raised before the Court was whether a Lok Adalat constituted under the Legal Services Authority Act has jurisdiction to dismiss a case in default for non-prosecution..The High Court referred several provisions of the Legal Services Authority Act and observed that when any case is referred to Lok Adalat, it usually has to be disposed of by the Lok Adalat based on a compromise or settlement between the parties. The Court further noted that Section 20 (6) of the Act says that if no award is passed by the Lok Adalat on the basis of a compromise of settlement, "the Lok the Lok Adalat has to advise the party to seek remedy in the Court, whereafter the Court has to proceed to deal with the case from the stage which was reached before such reference.".In view of this, the Court concluded that the Lok Adalat did not have any power to dismiss the petitioner's case only because he did not appear before it. Accordingly, it allowed the petition and set aside the Lok Adalat order under challenge. "The complaint filed by the petitioner before the concerned Court shall be taken up for further proceedings for its disposal in accordance with law, from the stage which had reached at the time of its reference to the Lok Adalat," the Court added. .A similar ruling was recently passed by the Rajasthan High Court..Advocate Mir Umar appeared for the petitioner.Advocate Tawheed Ahmad appeared for the private respondent..[Read Order]