The main legal point established in the judgment is that an anticipatory bail application is a 'case' falling under the Legal Services Authorities Act, but it is not disposable by the Lok Adalat. The court clarified that the Lok Adalat can dispose of the 'matter' latent in the case and not the anticipatory bail application itself.

An application for anticipatory bail filed before this court, on reference, was disposed of (“closed”) by the Lok Adalat organized by the High Court Legal Services Committee. Petitioner, therefore, filed another application for anticipatory bail.

2. Hence mainly three important questions arise for consideration in these cases:

i) Can an application for anticipatory bail be disposed of by the Lok Adalat?

ii) Can the court refer an anticipatory bail application to the lok Adalat?

iii) Can a case involving non-bailable offence be referred to the Lok Adalat?

3. Section 19(5) of Legal Services Authorities Act (‘the Act’, for short) deals with jurisdiction of the Lok Adalat. It reads as follows:

Section 19. Organization of Lok Adalats

(1) xxxxxxxxx

(2) xxxxxxxxx

(3) xxxxxxxx

(4) xxxxxxxx

(5) A Lok Adalat shall have jurisdiction to determine and to arrive at a compromise or settlement between the parties to a dispute in respect of-

(i) any case pending before; or

(ii) any matter which is failing within the jurisdiction of, and is not brought before, any court for which the Lok Adalat is organized:

Provided that the Lok Adalat shall have no jurisdiction in respect of any case or matter relating to an offence not compoundable under any law”.

4. Section 20 of the Act relates to the procedure for reference of the case, disposal etc., by Lok Adalat. It reads as follows”

“Section 20. Cognizance of cases by Lok Adalats

(1) Where in any case referred to in clause (i) of sub-section (5) of Section 19,

(i) (a) the parties thereof agree; or

(b) one of the parties thereof makes an application to the court,

For referring the case to the Lok Adalat for settlement and if such court if prima facie satisfied that there are chances of such settlement: or

(ii) the court is satisfied that the matter is an appropriate one to be taken cognizance of by the Lok Adalat, the court shall refer the case to the Lok Adalat:

Provided that no case shall be referred to the Lok Adalat under Sub-clause (b) of clause (i) or clause

(ii) by suchcourt excepts after giving a reasonable opportunity of being heard to the parties.

(2) Notwithstanding anything contained in any other law for the time being in force, the Authority or Committee organizing the Lok Adalat under sub-section (1) of section 19 may, on receipt of an application from any one of the parties to any matter referred to in clause (ii) of sub-section (5) of Section 19 that such matter needs to be determined by a Lok Adalat, refer such matter to the Lok Adalat, for determination:

Provided that no matter shall be referred to the Lok Adalat except after giving a reasonably opportunity of being heard to the other party.

(3) Where any case is referred to a Lok Adalat under Sub-section (1) or where a reference has been made to it under sub-section (2) the Lok Adalat shall proceed to dispose of the case or matter and arrive at a compromise or settlement between the parties.

(4) Every Lok Adalat shall, while determining any reference before it under this Act, act with utmost expedition to arrive at a compromise or settlement between the parties and shall be guided by the principles of justice, equity, fair play and other legal principles.

(5) Where no award is made by the Lok Adalat on the ground that no compromise or settlement could be arrived at between the parties, the record of the case shall be returned by it to the court, from which the reference has been received under sub-section (1) for disposal in accordance with law.

(6) Where no award is made by the Lok Adalat on the ground that no compromise or settlement could be arrived at between the parties, in a matter referred to in sub-section (2), that Lok Adalat shall advise the parties to seek remedy in a court.

(7) Where the record of the case is returned under Sub-section (5) to the court, such court shall proceed to deal with such case from the stage which was reached before such reference under subsection (1)”.

5. As per section 19(5) of the Act,