Sunday, October 25, 2009

Cutting backlog of cases from Indian courts...

Dr. M Virappa Moily, Union Minister of Law & Justice speaking at the inaugural ceremony of the"National Consultation for strengthening the judiciary towards Reducing Pendency and Delays"The Hon'ble Minister said the creation of National Arrears Grid,focus on training,performance of judicial officers and introduction of the proposals regarding procedural changes.
The another job of grid is very important is that to ascertain and analyse the pendency and actual numbers of arrears in each and every court in the country.In another interesting proposal the Hon'ble minister suggested that judicial courts function in three five hour shifts for which 15,000 posts of judicial officers created for a two year period.He also proposed that retired judges of the high courts and Senior Advocates be offered one year contracts to hear cases in holidays and in the evenings.The minister said details of govt. litigation pending in various courts would be collated and a team of 52 lawyers and 26 law researchers would work under Attorney General G E Vahanvati and Solicitor General Gopal Subramaniam to weed out dead cases.
Hon'ble the Chief Justice of India Mr. Justice K.G. Balakrishnan welcomes the decision on reducing the govt. litigation but lamented the low scale funding for the judiciary.
Moily also said that on the occassion "there is a feeling among the common citizen especially the poor women,the senior citizens and the weaker section of the society that the legal and judicial process is far removed from them.He also said the common man"disenchantment"was manifesting itself in "new forms of violence and strife - civil unrest,armed peasant and tribal movements, Naxalite and Maoist rebellions".
Dr. Moily said the main cause/reason was the feeling of injustice and alienation that led to violence and a break down of civil society"where citizens take the law into their own hands in an effort to secure justice"
In this connection I draw the attention of all concerned including Chief Justice of India/Union law Minister/Attorney General of India/Solicitor General of India and Padmashree Dr. Professor N.R. Madhav Menon,the dynamic ,progressive and a hard task master who is also associated in this programme to prepare the document called vision document placed by law minister before the captains of judiciary at vigyan bhavan yesterday to look after the themes given by Hon'ble Mr Justice Y.K. Sabharwal on 25.07.2006 on delayed justice in Justice Sobhag Mul Jain lecture series and the text and and themes has been circulated by the registry from Supreme Court of India to all the judicial officers of the country through their High Courts.It is also essential to accelerate the "crime against labour cell" constituted in every district of country under the chairmanship of the District Judge of the area with District Magistrate/Deputy Commissioner/Supritendent of Police/Deputy Labour Commissioner of the area/three prominent labour leaders/two prominent Advocates of the District Bar Association and observer from NALSA.A large no. of criminal cases pending in the courts of Magistrates awaiting final forms from police/Investigating agencies,a large no. of cases also pending for orders before the magistracy in which final form is tagged.A large no. of cases also pending for supply of police papers to the accused,a large no. of cases is also pending for trial in lower Courts for different reasons since long,some cases are more than 30 years old(which I will show when required).It requires close scrutiny and devotion by all connected with the system.I assure to give my services if required in this regard.SUGGESTION VIEWS AND IDEAS INVITED.
Dhirendra Prasad
Advocate
Legal Aid Worker and R.T.I. Activist
Giridih - 815301
Jharkhand.

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