Ensure effective justice delivery

Young Bites. Dated: 1/16/2018 11:04:15 AM

Due to heavy pendency of the cases in the High Court and alarming rush of supplementary matters, cases listed in regular cause lists for final hearing do not usually get the turn resulting in consequential adjournments. It would be highly appreciated if separate hearing benches are constituted which would pave a way for speedy disposal of the old cases ripe for final hearing. The existing flexibility in the laws and rules including the High Court rules and the rules for guidance of sub ordinate judiciary need to be amended in such a manner that least scope is left with the judges to grant adjournments and also enabling them to decide the case expeditiously. The lapses on part of the state advocates either not being equipped with facts or skipping their appearances on scheduled dates compels the judges to grant adjournments, thus prolonging the agony of poor litigants. It is a matter of fact that appointment of state counsels (Govt lawyers) is more or less political in nature. Right from the appointment of Public Prosecutors (PP’s) to State’s Advocate General merit , suitability and integrity is not at all a criteria. National Government recognises the importance of having an effective independent judicial system therefore it is looking at heavily investing in education for strong independent judicial officers. The alarming number of pendency’s in courts of the country is a matter of serious concern for the Chief Justice of India. From time to time various guidelines for speedy disposal of cases have been issued by the Supreme Court. In addition, the Alternate Dispute Resolution System (ADRS) through Lok Adalats and Mediation centers is in place and National Lok Adalats are organized across the country every now and then. If all this process is in place why the pendency’s does not come down? People need to be assertive of their rights and with the separation of Judiciary from the Executive people will become self regulating because of the presence and fear of the Law.A country is known, respected and recognised globally if its economy is strong, democracy has deep roots in society, has good governance and a well-established rule of law. It is said justice should not only be done, it must also be ensured. Such a standard of perfection can be achieved only if all the organs involved in justice delivery system are well equipped with infrastructure, tools and legal and scientific literature. Keeping in view incidents of crime in the state particularly the vulnerable sections of the society, fear of law and the presence of law enforcing agencies would help to create a strong deterrence to crime.

 

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