NOT JUDICIARY BUT BUREACRACY

IS RESPONSIBLE FOR JUDICIAL DELAYS

While hearing a PIL by an NGO, The Hon. Chief Justice of India - Justice Thakur, in an emotional outburst, said

I shed tears of blood seeing plight of this country... ... Even though billions of rupees are spent on the salaries of the police and other officials but they do nothing”.

When CJI surrenders to the might of the Bureaucracy then one can only imagine the plight of an ordinary people. In 2009 a blue print for judicial reform was developed with the consent of the Bar, the Chief Justice of India, the Hon. Union Minister of Law & Justice & the Prime Minister & his Cabinet. The project started in 2011 and failed because the bureaucracy did not want it to succeed. All that the CJI could do was to shed a few more tears. This time the saline type.

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Founder's Views

We must support Judges on the benches rather than think of appointing more to reduce delays in our courts. Delay is not caused by shortage of Judges but by poor court & case management practices. Backlog & Delay are two different things.
We have reduced our Judges to the position of debt collectors for the rich & the influential. Our police force is assisting them. In Delhi a victim of serious crime ( Rape, Murder, Theft etc.) has to compete for Judicial time against somebody whose cheque has bounced .
Low number of Judges per million population in India compared to the West is an excuse for the Bureaucracy. Half of India’s population has nothing to eat & courts in India do not give away food. They snatch it.
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People have run out of patience

A grass roots movement has started

A federation of 108 societies for fast justice is already formed with support from forum for fast justice mumbai to campaign for judicial reform.

Lawyers use adjournment as a strategy of defense. Judges oblige. Criminals exploit it. Supreme Court sheds tears of helplessness. “Tarikh per Tarikh” continues - more than ever before. Adjournment is the cause of pendency in India.
Only re - engineering of procedures, combined with a proper management system, will reduce delays. Why wait to amend every piece of legislation & re engineer all procedures in all types of cases? Why not start those that are easy & non controversial. It is easy to change the Procedure for Civil Writ Petition. It will reduce delay in this category of cases & hence reduce overall pendency in high courts.
Often we are told that Computerisation will solve the problem of pendency. But that is not true. Delhi Courts are all Computerized & there is no lack of infrastructure. Then one wonders why Delhi Pendency doubled in 6 years between 2005 to 2010. The issue is that of management & not that of computerization.
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Delays in Judiciary

  • Abandoned Blue Print of reform
    Author

    Abandoned Blue Print of Reform.

    In 2009, in the Conference of Chief Ministers and Chief Justices, then Prime Minister, Dr. Manmohan Singh, described the huge arrears and case back logs in our courts as “scourge” of the Indian Legal System. Following this conference a document named - National Mission For Delivery of Justice & Legal Reform - was drafted after extensive consultations amongst stakeholders & with the consent of Chief Justice of India, the Union Law Minister, the Bar & the experts. The Mission Document was endorsed by the Prime Minister & his Cabinet The mission started working in August 2011 & failed to deliver. Was it faulty or ill conceived? The answer is no. It is a brilliant document. It failed because it was amended by bureaucrats for their vested interests.


  • Negotiable Instruments Act
    Author

    Negotiable Instruments

    A victim of real crime like a murder, rape, an assault, a theft or a fraud etc. has to stay in a queue for relief from courts where 2 out of every 4 people in front of him are not victims of any crime but their cheques have bounced. 67% of all registered cases of crime in Delhi are that of the Negotiable Instruments Act. This act has turned courts into debt collection agencies. The combination of Police & Magistrates, powered with NIA, is a very powerful debt collection agency for the rich & the influential. It is a money making machine for the lawyers & the police. Why on earth would any body want to change this cosy arrangement?


  • Poor Court Management
    Author

    Poor Court Management.

    Comparison with the west on number of Judges per million of population is inappropriate because for a vast majority of our population Judiciary is inaccessible and for 50% that live in poverty Judiciary has no meaning. Litigation, in India is a social taboo & a curse. Friends & relations come to express their sympathy when they find out that one has approached a court of law for seeking justice. And still we blame our growing population for our dysfunctional Judiciary. The number of Judges per million population between the UK & Delhi are comparable. It is roughly 30 Judges per million of population. The infrastructure in Delhi is comparable with the UK. In the UK entire population is a potential litigant compared to a fraction in Delhi. But still Delhi has a huge problem of delays. It is not the population but poor management which is the cause of delay.


Courtesy: Antonio Mora (www.mylovt.com)

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