Improper & Illogical way of functioning of Courts - Urgent need of refurbishing

I feel very much concerned to find the illogical functioning of Courts in more than one way.

In brief, I draw kind attention of the Authorities to the following lapses observed in our Judicial system.

1. The no. of cases posted on each day is absurdly beyond the capacity of the individual judge to deliver the judgment.  They are simply showing a big cause list each day and giving new dates each time on several occasions wasting their precious time, Advocate's time and Client's time.

If the Judges are made to handle that many cases, the quality of their study of the case and the decision taken there on would mostly be erroneous and detrimental to one of the parties.  This should be avoided.  They should have a culture of calling only a reasonable number of cases to deliver the judgments with least number of adjournments.

For ready information, I'm attaching here with a few cause lists displayed at different Courts including High Court of Andhra Pradesh.

2. The Advocates are also mostly responsible for undue delays in disposal of the cases, because of their doing piecemeal work each time, to make more and more money from their Clients, especially in civil and Corporate cases.

3. The Advocates who are intentionally delaying/misdirecting the Courts or producing fake documents/witnesses should be heavily penalized on the spot by the concerned Judge including debarring. Such punitive actions are to be informed to the concerned BAR Council to maintain his master record.   The Advocates handling the cases on culprits’ side try to delay the cases as much as possible to avoid/delay punishment and also make more and more money from the clients in installments.

4. Implementation of IT: It is deplorable that Courts are at the tail end of the technology implementation programs.  A day should come sooner than later that the Advocates and the Clients need not waste their precious time in roaming around the Courts and waiting for hours together for their turn.    

Paperwork has to be dispensed with. The entire case presentations, arguments, cross examinations have to be done "online" and the Judge should only study the matter put online and take a decision and upload the same with digital signature.  Each lawyer/party should be enabled to view/download the entire file.

5. It is high time that a committee of experts has to be appointed to study the international practices and adopt the best procedures followed by them.

6. There should be a "Judicial Audit" on a concurrent/regular basis by a separate team of auditors with legal background (preferably headed by retired Judges appointed on contract basis). They have to make random / surprise visits to each Court and study the practices followed and the lapses observed.  Same Auditor should not visit the same Court in the same year.  The audit should be very pragmatic to find the quality of judgments passed vis-a-vis the time taken by the particular Court. 

7. The performance of Govt. Pleaders / Public Prosecutors has also to be evaluated periodically with a similar system of Audit on the above lines.  Generally, the PPs are paid bribes by the Clients through the Advocates to keep silent in the matter so that delinquent lawyers would get a judgment in their favour.

8. To take care of General Administration of each High Court, IAS officers, preferably with legal background have to be inducted.  Similarly, for District Courts and small courts, high rankers have to be inducted.

9. There is lot of corruption in Courts.  The lawyers, mostly with helpless situations, bribe the Court Authorities of various levels.  Cameras are to be installed in all Court halls/offices to work as 'eagle eye' on the delinquents.

10. Time norms are to be fixed for disposal of each case. Unless such stipulations are put, the delinquent and selfish lawyers would drag the cases for years together for making more and more money.  Generally, the corruption is more in respect of business cases, Corporate cases, & Government cases (IPC cases).  Limitation Act has to be made applicable and modified suitably.

11.  Retirement age of Judicial Officers has to be reduced to 60 years.  The present system of long period of 65 years is not in consonance with physical factors.  Though they have rich experience in their records, actually their physical capacities would be dwindling down each day.  Instead, the middle-aged persons with proven talent are to be promoted so that their output would be in tune with the workload involved.  The rich experience of retired officers can well be utilized in Law Commission or in any Special Committees on contract basis.

12.  Lawyer's remuneration has to be fixed by the Government, duly reviewing / revising the Advocates' Fee Act in tune with the present day Rupee value.  All the fees paid to the Advocates should be through Bank account with 'online' transaction including from the business people and Corporates.

13. BAR Associations have to change their culture and attitude.  Their outlook has to be broadened to 'Welfare of Society' than being limited to 'Welfare of Advocates'. They have to educate the lawyers on an ongoing basis not only to improve their working skills but also to improve their moral and ethical standards and to change their outlook towards the Society.

14. Our 'punishment' formulae have to be revised.  PUNISHMENT should be quick and harsh. It should be such that a person punished once should desist from repeating the crime once again. Our Courts/judiciary have to shift their 'criminal friendly attitude' to 'aggrieved friendly attitude'. Then only the Judiciary system would gain the confidence of the public and the judicial officers would be respected heartily.