And The Trial Stood Still

Madras High CourtIn India people are afraid to go to the courts. They do not know when they would get justice. It is a sad state. Over 30 million cases, including 27.1 million cases in subordinate courts, over 4 million cases in high courts and 50 thousand plus cases in the Supreme Court are pending.  The Union Government says it has initiated steps to bring down the huge number. And the Government is the biggest litigant.

The Vision Statement of the Government says a "no adjournment is the aim, which is achievable". It said judges who grant regular and unnecessary adjournments can be identified and counselled. "Adjournments repeatedly applied for and routinely granted are the curse of the Indian legal system," it says.

The document also lamented that a "restricted regime" of imposition of costs has encouraged several litigants to abuse the legal process and delay the disposal of cases.
The government also proposed the introduction of a litigation policy to transform itself from a "compulsive" litigant to a reluctant litigant.

At present it takes an average of 15 years for a case to conclude. Efforts are on to bring down the number of years to three. The government expects that the Gram Nyayalaya Law notified on Gandhi Jayanti will help bring down pendency of cases and bring justice to the rural populace. A total of 5000 rural courts are to be set up across the country in the next three years.

A day after the government proposed a "no adjournment" system for judiciary in its Vision Statement, Chief Justice of India K G Balakrishnan has said that unless the  number of courts is increased, smooth functioning could not be expected. "When 60 cases are posted on a day, he (judge) will be inclined to adjourn the case. He knows he cannot manage the court...the judges are under pressure, that is why the adjournments are easy for the lawyers," Justice Balakrishnan said. Referring to the "no adjournment" system mooted by the Government, Justice Balakrishnan said India needed 35,000 courts for smooth functioning.

The Chief Justice also said a "harsh decision" will have to be taken on increasing court fees in cases where hearing gets prolonged to dissuade delay in trial. To buttress his point, Justice Balakrishnan cited the Singapore judicial system where people will have to pay hearing fees if it continues for over three days.

I feel, some harsh steps will have to be taken and taken fast, so that speedy justice would be available.

P S: During the impeachment of Warren Hastings, P.S. At the Impeachment of Warren Hastings,   a peer wittily said that the judges walked and the trial stood still.

H Ramakrishnan
Oct 26, 2009

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