aatma 13 December 2009

Now Judiciary Realizes What It Does to Public

Legal backlog can lead to revolt: CJI

Tribune News Service

Bangalore, December 12
Delay in justice delivery has been a perennial feature of the justice system of the country, making the prospect of knocking doors of the court a nightmarish thought for the common man.

The procrastination and resulting annoyance of litigants was acknowledged by Chief Justice of India KG Balakrishnan here today, who said inordinate delay in disposing off cases would lead the people to “revolt” against the legal system.

Making a strong pitch for doubling the number of subordinate courts to 35,000, Balakrishnan said: “We cannot have a backlog for long periods of time. People will revolt and the system will crumble”.

The CJI, who was speaking at a conference on 'Alternative dispute resolution- Conciliation and mediation’ here, said people still had confidence in the judiciary as they “feel they will get justice today or tomorrow or the day after tomorrow”. “But how long they can wait?” he said, adding: “We cannot have this much of delay at any cost. It should be reduced.”

The CJI attributed the delay to inadequate number of courts and unfilled vacancies of judges as the reasons responsible for pendency of a large number of cases.

Balakrishnan ducked the issue of the controversy surrounding Karnataka High Court Chief Justice PD Dinakaran, against whom an impeachment move has been set in motion in the Rajya Sabha.

“I have nothing to do with that”, he said when media persons sought his reaction on the issue.

Reply Follow

13 Replies

N.K.Assumi (Advocate) 13 December 2009

Salute to CJI for coming out courageously with the truth in judicial systems.The ball is now with the Government to act or not to act.

SANJEEV KUMAR (STUDENT) 13 December 2009

Atleat our CJI is feeling what is really expected from judiciary. Our CJI has pointed out two factors for delay

1. inadequate number of courts

2.unfilled vacancies of judges as the reasons responsible for pendency of a large number of cases.

Third which i would like to add that capable judges be appointed. Judges should be witty enough to know how to reduce the delay being casued by unreasonable exemptions and adjournments.

I share my experience that in one court the magistrate gave warning and even issued NBWs against complainant in false case who was bent upon to delay the case lodged by him and cause harrasment to defendents.

I am of view that much of the things depends upon the presiding officers of the court. Thre should be time limit for finishing the case.

sanjeev

(Guest)

At last CJI himself agreed what will be happen in near future if the cases are delayed. With his quote if a right person revolt against judiciary for the delay verdict police can not file a case against him. Think.....

Anil Agrawal (Retired) 13 December 2009

ONE STEP FURTHER TO HANG OUR HEAD IN SHAME:

‘Inept judges to blame for mess’

TIMES NEWS NETWORK

Mumbai: “Many judges, right from the magistrate’s court to the Supreme Court, are incapable of dealing with criminal cases,’’ said Bilal Nazki, who retired recently as chief justice of Orissa high court. “Add to this inefficient policemen, public prosecutors and defence lawyers. That is why we are in such a mess today,’’ added Nazki who was delivering the valedictory address

at a two-day seminar on criminal justice reforms at the Tata Institute of Social Sciences on Saturday.

    According to him, criminal appeals since 1988 are still pending in the Bombay high court primarily because no judge is interested in reading the case. “Judges don’t want to touch such files because they know they can’t deal with them,’’ he said. Citing an example of the apathy of the system to the rights of the undertrials and prisoners, he said a man had spent five years in jail even after being acquitted.

    Nazki stressed that human rights activists need not look to only trouble-torn states such as J&K for violations. “Maharashtra has more human rights violations than J&K,’’ he said. “The highest number of custodial killings are in Maharashtra,’’ he said.

    Nazki said the Mumbai police had invoked a section of the Code of Criminal Procedure which even the J&K government had not done in so many years. He was referring to the preventive detention of activists Firoze Mithiborewala and Aslam Ghazi who were picked up by the police a day before US secretary of state Hillary Clinton was to arrive in Mumbai. The police said they had been picked up because they were likely to hold anti-US demonstrations. The section which they applied says that if the police has reliable information that a person may commit a cognisable offence, he\she may be taken into custody.

    The former chief justice was also critical of the way the judicial system blindly accepts the police version in case of encounters. He said the judicial system cannot improve unless the number of judges are increased five-fold. At present, he said, there are 12,000 magistrates to Supreme Court judges in the country. He said human rights activists ought to take up the issue of better protection for policemen who combat Naxalites.

SANJEEV KUMAR (STUDENT) 13 December 2009

Anil Ji

Thanx for subscribing my views

sanjeev

Anil Agrawal (Retired) 13 December 2009

Yet a large number of legal fraternity has immense faith in our system. Perhaps helplessness.

Bhartiya No. 1 (Nationalist) 15 December 2009

Anil sir thanks "Yet a large number of legal fraternity has immense faith in our system. Perhaps helplessness." They may be living in fools paradise.

Anil Agrawal (Retired) 15 December 2009

Not helplessness. Bread and butter.

v.lakshminarayanan (prop) 18 January 2010

dear members

but what will improve if the numbers alone are increased?

we must have good judges, right from grass root level. to get good judges, we must have a corruption free government and judges should be insulated from all forms of inducements and threats. but who can achieve this?

best one can do now is to have a national judicial commission, on the lines of UPSC. grama panchayat system should be strengthend.

ADRS should be strengthened. the people should not rush to courts at the drop of hat. but of course, in criminal proceedings this cannot be the case - if one is forcibly and wrongly confined to jail, one has to fight it out in courts only.

Anil Agrawal (Retired) 18 January 2010

I beg to different in a small measure. What will improve is the poser. My submission:

1. Employment opportunities for judges, their personall staff.

2. More houses.

4. More cars with beacon light and outriders.

5. More guards at their gates.

6. More office paraphernalia, office space, computers, air conditioners, furniture, court rooms.

7. More vacation, leave/

8. More reservation of judgements.

9. More workshops, seminars, foreign trips, lectures

10. More and more and more.

Bhartiya No. 1 (Nationalist) 20 January 2010

Enjoying more than the Britishers.

Anil Agrawal (Retired) 20 January 2010

We want to be seen too patriotic when it comes to criticising the British. Every single action of ours is modelled on the British way of life. We are too keen to send our children to UK for studies. The entire edifice of administration in India was laid by the British and we religiously follow it. We are still governed by the CrPC enacted 160 years ago, Negotiable Instrument Act of 1881. Go on counting. Is our present way of living shows that we are Indians? Aping tooth and nail and we pride ourselves in being more and more westerner.

Bhartiya No. 1 (Nationalist) 21 January 2010

Sir, I am not criticising British rather wanted to say, One wish to enjoy the facilities attached with the post, but rarely anyone wishes to take pain atteched with it.