Judicial reform

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Millions of cases are pending in various courts spread out throughout our country as on date. Why so many cases are pending ? We can attribute the following as main causes:

  1. The legal system framed up by the then British Rulers is being followed without revamping it. So many lacunas exist   in it and they need to be fixed.
  2. The exorbitant number of holidays followed by the then British Government is still being followed  by the courts like Dussera holidays, winter holidays during the last week  of December and the Summer holidays during May, despite the increase in population and increase in number of cases. Apart from these, National holidays, festival holidays, special local holidays not omitting the week end holidays. Added to this, in most of the courts, the work comes to a halt if any of the member of the court be it an advocate or judge dies while in service or retired. The number of working days reduced further if there is any hartal or bundth called by political parties (No doubt the court may function but if the advocates and the litigants are unable to reach the court, how can the court function ?). Added to these, the frequent boycott of the courts by the advocates. All these are considerable factors to increase the number of pending cases.  Needless to say that the judges are also human beings and they need leave for their personal reasons. If we summarize, the total number of working days of the courts comes around a little more than 200 days.
  3. Inadequate number of courts & judges/Magistrates
  4. The countless adjournments allowed by the courts.
  5. Lack of proper scrutiny mechanism while admitting the petitions. When a suit is filed it should be checked before admitting it whether
  1. The petition is in the proper format
  2. Necessary court fees has been paid
  3. The petition is addressed to the appropriate court
  4. The petitioner is a genuine litigant and has submitted all the necessary documents in support of his/her petition. Here I can cite an example: A lady litigant filed a civil suit seeking partition on a property in which she is not in possession and/or occupation, the property is not registered in her name or her father’s name or grand father’s name but claims as her great grandfather’s property but submits the petition without proper legal heir certificate and/or succession certificate. The petition was simply accepted and the lady coolly obtained a temporary injunction against some fraudsters not including the genuine legal heirs who are in possession and occupation of the property. The genuine legal heirs who came to know about the fraudulent & false litigation, impleaded in the suit and the suit is still pending for more than 7 years.
  5. Allowing so many I.As from a respondent who has been declared as ex-parte
  6. There is no punishment in civil suits even if one comes with false litigation
  7. Not insisting the supporting documents for the statements declared in the affidavit filed in the litigation

The list goes endless. I am not a legal expert to list out all. As a common layman or as a novice, I have pointed out a few.

I am wondering why there is a big hue and cry over the millions of cases pending in the courts without addressing these minimum facts.  For simple, silly and flimsy reasons PIL is filed. Why even the courts instigates suo motto cases. But these lacunas did not invite anybody’s attention. It is because of this weakness of our judicial system, the mighty people take out the law in their hands and the Kangaroo Courts are mushrooming like anything. If the judicial system is not revamped, even God cannot save our country as the courts are the only last hope to the poor and common people.  

Millions of cases are pending in various courts spread out throughout our country as on date. Why so many cases are pending ? We can attribute the following as main causes:

  1. The legal system framed up by the then British Rulers is being followed without revamping it. So many lacunas exist   in it and they need to be fixed.
  2. The exorbitant number of holidays followed by the then British Government is still being followed  by the courts like Dussera holidays, winter holidays during the last week  of December and the Summer holidays during May, despite the increase in population and increase in number of cases. Apart from these, National holidays, festival holidays, special local holidays not omitting the week end holidays. Added to this, in most of the courts, the work comes to a halt if any of the member of the court be it an advocate or judge dies while in service or retired. The number of working days reduced further if there is any hartal or bundth called by political parties (No doubt the court may function but if the advocates and the litigants are unable to reach the court, how can the court function ?). Added to these, the frequent boycott of the courts by the advocates. All these are considerable factors to increase the number of pending cases.  Needless to say that the judges are also human beings and they need leave for their personal reasons. If we summarize, the total number of working days of the courts comes around a little more than 200 days.
  3. Inadequate number of courts & judges/Magistrates
  4. The countless adjournments allowed by the courts.
  5. Lack of proper scrutiny mechanism while admitting the petitions. When a suit is filed it should be checked before admitting it whether
  1. The petition is in the proper format
  2. Necessary court fees has been paid
  3. The petition is addressed to the appropriate court
  4. The petitioner is a genuine litigant and has submitted all the necessary documents in support of his/her petition. Here I can cite an example: A lady litigant filed a civil suit seeking partition on a property in which she is not in possession and/or occupation, the property is not registered in her name or her father’s name or grand father’s name but claims as her great grandfather’s property but submits the petition without proper legal heir certificate and/or succession certificate. The petition was simply accepted and the lady coolly obtained a temporary injunction against some fraudsters not including the genuine legal heirs who are in possession and occupation of the property. The genuine legal heirs who came to know about the fraudulent & false litigation, impleaded in the suit and the suit is still pending for more than 7 years.
  5. Allowing so many I.As from a respondent who has been declared as ex-parte
  6. There is no punishment in civil suits even if one comes with false litigation
  7. Not insisting the supporting documents for the statements declared in the affidavit filed in the litigation

The list goes endless. I am not a legal expert to list out all. As a common layman or as a novice, I have pointed out a few.

I am wondering why there is a big hue and cry over the millions of cases pending in the courts without addressing these minimum facts.  For simple, silly and flimsy reasons PIL is filed. Why even the courts instigates suo motto cases. But these lacunas did not invite anybody’s attention. It is because of this weakness of our judicial system, the mighty people take out the law in their hands and the Kangaroo Courts are mushrooming like anything. If the judicial system is not revamped, even God cannot save our country as the courts are the only last hope to the poor and common people.  

Millions of cases are pending in various courts spread out throughout our country as on date. Why so many cases are pending ? We can attribute the following as main causes:

  1. The legal system framed up by the then British Rulers is being followed without revamping it. So many lacunas exist   in it and they need to be fixed.
  2. The exorbitant number of holidays followed by the then British Government is still being followed  by the courts like Dussera holidays, winter holidays during the last week  of December and the Summer holidays during May, despite the increase in population and increase in number of cases. Apart from these, National holidays, festival holidays, special local holidays not omitting the week end holidays. Added to this, in most of the courts, the work comes to a halt if any of the member of the court be it an advocate or judge dies while in service or retired. The number of working days reduced further if there is any hartal or bundth called by political parties (No doubt the court may function but if the advocates and the litigants are unable to reach the court, how can the court function ?). Added to these, the frequent boycott of the courts by the advocates. All these are considerable factors to increase the number of pending cases.  Needless to say that the judges are also human beings and they need leave for their personal reasons. If we summarize, the total number of working days of the courts comes around a little more than 200 days.
  3. Inadequate number of courts & judges/Magistrates
  4. The countless adjournments allowed by the courts.
  5. Lack of proper scrutiny mechanism while admitting the petitions. When a suit is filed it should be checked before admitting it whether
  1. The petition is in the proper format
  2. Necessary court fees has been paid
  3. The petition is addressed to the appropriate court
  4. The petitioner is a genuine litigant and has submitted all the necessary documents in support of his/her petition. Here I can cite an example: A lady litigant filed a civil suit seeking partition on a property in which she is not in possession and/or occupation, the property is not registered in her name or her father’s name or grand father’s name but claims as her great grandfather’s property but submits the petition without proper legal heir certificate and/or succession certificate. The petition was simply accepted and the lady coolly obtained a temporary injunction against some fraudsters not including the genuine legal heirs who are in possession and occupation of the property. The genuine legal heirs who came to know about the fraudulent & false litigation, impleaded in the suit and the suit is still pending for more than 7 years.
  5. Allowing so many I.As from a respondent who has been declared as ex-parte
  6. There is no punishment in civil suits even if one comes with false litigation
  7. Not insisting the supporting documents for the statements declared in the affidavit filed in the litigation

The list goes endless. I am not a legal expert to list out all. As a common layman or as a novice, I have pointed out a few.

I am wondering why there is a big hue and cry over the millions of cases pending in the courts without addressing these minimum facts.  For simple, silly and flimsy reasons PIL is filed. Why even the courts instigates suo motto cases. But these lacunas did not invite anybody’s attention. It is because of this weakness of our judicial system, the mighty people take out the law in their hands and the Kangaroo Courts are mushrooming like anything. If the judicial system is not revamped, even God cannot save our country as the courts are the only last hope to the poor and common people.  

 

 
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