The Jammu & Kashmir High Court introduces new civil rules protecting soldiers from arrests, seizures, and delays during active duty, ensuring fair legal treatment in civil cases.
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JAMMU & KASHMIR: The High Court of Jammu and Kashmir and Ladakh has introduced a new chapter to the Jammu & Kashmir General Rules (Civil), 1978, titled “Suits by or against Soldiers.” This landmark regulation recognizes the unique challenges faced by soldiers when navigating civil litigation, especially those stationed in remote or high-risk conflict zones.
Members of the armed forces, whether from the Army, Air Force, or Territorial Army, often serve in hostile or isolated environments. This geographical and operational isolation makes it difficult, if not impossible, for them to physically appear in civil courts when summoned.
Yet, like all citizens, soldiers may be entangled in personal disputes, over loans, property, inheritance, or other civil matters. The justice system must ensure that they are not penalized for serving the country. This regulation aims to balance duty with due process.
Newly Introduced Chapter
The newly introduced chapter in the J&K General Rules (Civil), 1978, provides several key safeguards to protect soldiers involved in civil litigation.
Firstly, soldiers cannot be arrested for unpaid loans while on active duty, recognizing that their service obligations may hinder timely legal or financial responses.
Secondly, the court is prohibited from seizing a soldier’s pay, uniform, or weapons, thereby ensuring that essential resources for service remain untouched. If a soldier is unable to appear in court, they are permitted to appoint a representative through a power of attorney, which is exempt from court fees and remains valid even in appeal proceedings.
Additionally, soldiers on leave can present a certificate from their commanding officer to have their case expedited by the court. Importantly, if a soldier is deployed in a war zone or under special conditions, the court must suspend proceedings until they can participate, with any decision made in their absence subject to reversal.
In inheritance matters, a soldier is not to be presumed a party unless specifically named, and notices should only be issued when necessary. These provisions collectively ensure that soldiers are not disadvantaged in legal matters due to the nature of their service.
This judicial reform serves a vital role in upholding the dignity and rights of soldiers, ensuring that their absence due to national duty doesn’t translate into civil disadvantage. It reflects an evolved understanding of how justice must adapt to those who stand guard at our borders and within.
Such a provision is particularly relevant for soldiers stationed in militancy-prone areas like Jammu & Kashmir, where operational demands are high and judicial engagement is practically challenging.
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