J&K High Court Issues Guidelines on Procedural Safeguards for Armed Forces in Civil Matters

J&K High Court Issues Guidelines on Procedural Safeguards for Armed Forces in Civil Matters

The High Court of Jammu & Kashmir and Ladakh has issued a circular amending civil procedures to safeguard Armed Forces personnel involved in litigation.

The directive mandates courts to identify and prioritize cases concerning defence personnel, considering their service-related constraints.

The court requires prior notice before instituting civil suits against government servants, including military personnel, unless court permission is granted in urgent matters. 

Incorporating provisions from the Indian Soldiers (Litigation) Act, 1925, the circular allows for suspension of proceedings, representation through power of attorney without court fees, and protection from arrest for civil debts. Judges must strictly enforce these safeguards.

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