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Case by case

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  • It is a mantra that every judge, every legal administrator and every politician unerringly cites. The “pendency problem” — or the appallingly large backlog of cases in our Supreme Court, high courts and subordinate courts — is a buzz word that is eloquently used, but rarely accompanied by concrete proposals to reduce the cases that clog our judicial system. It is in this context that the immediate deliverables and workable ideas stressed on at the recent conference aimed at “strengthening the judiciary towards reducing pendency and delays” are so welcome.

    At the conference, Union Law Minister Veerappa Moily announced the creation of the National Arrears Grid, whose main job is to oversee a reduction in pending cases. Of import is the diverse nature of the Grid members — a Supreme judge, high court judges, as well as a CAG representative and the deputy chairperson of the planning commission. The National Arrears Grid also seems goal oriented — the ministry will submit a report on its progress to the prime minister in January. The conference also threw up other novel ideas, such as suggesting that the courts function in three five-hour shifts (requiring 15,000 new posts) and that retired high court judges and senior lawyers be asked to fill in some of these posts on a contract basis.

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    Of the many such interesting proposals discussed, here’s one that wasn’t. Attorney General Goolam Vahanvati acknowledged that some of the blame fell on the largest litigant of them all — the government. He also pointed to the reason — officers keep appealing adverse decisions, no matter how absurd their case, for fear of being tainted by a decision to close the file. Law Minister Veerappa Moily had earlier cited this as an area in need of reform. With the government’s law minister and top law officer themselves admitting to this problem, it is hoped that the solution is not too far away.

    Judicial expressway needs more lanesBy: Natarajan | 26-Oct-2009 Reply | Forward Think of a highway that existed in the 80s. How much traffic can it hold. You create bypass, flyover, but still the problem is there. What you need is an expressway with 8 lanes. Similarly, all these family courts, national arrear grid is like flyover and bypass. What you needs is to increase the bandwidth of judicial highway. Add more courts, more judges. Have an independent commission akin to Election Commission to oversee performance of courts. Open up judges and public lawyers to RTI. Then you see justice being served.
    pendency of casesBy: b.devasekhar | 26-Oct-2009 Reply | Forward EVERY GOVT DISCUSSES AND DISCUSSES THIS PROBLEM BUT DO NOTHING AND THAT IS WHY NOTHING HAS MOVED.JUDICIAL REFORM IS THE LAST AND LEAST PRIORITYCASES LIKE OFFENCES AGAINST WOMEN,TERRORISM ETC GOES FOR YEARS--RESULT THERE IS NO FEAR AND THESE OFFENCES CONTINUE TO INCREASE.FOR FOREIGN WOMEN IF TRIAL CAN COMPLETE IN 6 MONTHS WHY NOT FOR INDIANS.THE ONLY WAY LITIGATION WILL COME DOWN IS BY WORKING OUT A TIME LIMIT FOR DISPOSAL OF EACH CASE.NO ADJOURNMENTS --AND FOR EVERY ADJOURNMENT THE COST SHOULD BE ONE LAC FOR RELIEF TO PM FUND.EVEN IF GOVT TAKES ADJOURNMENT THAN ALSO THE SAME COST BE IMPOSED--SOON THERE WILL BE AN ORDER.THERE SHOULD BE A CLEAR LAW.FURTHER THE HIGH COURTS SIT IN TWO SHIFTS AND THE SECOND SHIFT MORE JUDGES BE APPOINTED.IF DISPOSAL OF CASE IS NOT FAST THAN MANY FRIVOLOUS CASE ARE FILED.
    We want solution By: Vinay | 26-Oct-2009 Reply | Forward All these talks in the media
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