Dear Friends,
We urgently need reforms in every sphere of the Government. We do not see much improvement in the governance of our P.M. Judicial reforms are very urgently needed but who can do this? I have read that the Chief Justice of the Supreme court started crying and tears rolled down in a public meeting.
I do not think that this would cut any ice with the Government> The CJI should give a notice to the Government and ask for immediate reforms. In case the government is not taking any action the Judiciary should en mass resign. No use crying.
Some of the urgent needs of the judiciary where government needs to act are
1. Fill all the vacancies of judges in the next few months after following the due selection process. I do not think we have ant dearth of advocates who will fill in these posts.
2. Organise two shifts till such time the infrastructure required for our courts are met with. All industries work and why not the judiciary?. The timings could be fro 8 A.M, to 2 P.M. with a suitable break for one hour in one go or in two. The second shift should start from 2 P.M. to 8 P.M. with a suitable break
3. Pass a law to cancel the remands of accused staying in custody and release them if their stay in the custody exceeds 50% of the maximum punishment that would have been given in case of conviction.
What judiciary can do are
1. Do not allow any adjournment except one for each of the parties and thereafter impose a penalty of Rs. 5000 to 50,000/- depending on the cases and gradually increase the fine which should be shared equally by the government and the other party.
2. All cases pending for more than 7 years to be cancelled and ask the litigants to apply afresh without any further costs as if they are new cases with all the evidences for a speedy disposal of the cases.
3. The judges should not take leave without planning for the same and accordingly give dates for the hearing. Exceptions may be allowed but that should be very few and far between.
4. appoint a committee of judges/ advocates to recommend further measures for faster disposal of cases.
5. Appoint senior and deserving advocates as judges to dispose of cases in one sitting of Cases involving minor amounts say below Rs.1,00,000/-
in private courts as is done in USA.
6. Declare in public may be in each of the courts the fees to be paid by the litigants to their own advocates. As of now the public is not aware of the same and the advocates charge as they please and some times the litigants pay very little or no fees to the advocates.
7. The CJI should set targets for the judges and judge their performance accordingly for future promotions.
8. Appoint a committee of advocates to analyse the delays and gather statistics about how many case were heard and how many were given dates just like that without any valid reasons.
9. Increase the court fees and it should not be less than Rs.25,000/- per case exceptions could be given by the judges on merit and reduce the fees.
Will the Government and the CJI take note of these reforms and implement the same urgently. Who will take up these reforms to the concerned persons?
Thanks,
Col.V.Nanda Gopal.(retd) ( Had presided over a court martial involving a murder case and corruption cases against JCO s and NCOs. dis posed them speedily within weeks and no adverse comments on the decisions by Advocate General s office. Also presided over a number of courts of enquiry.)
Sent: Wednesday, May 11, 2016 11:12 AM
To: indiaresists@lists.riseup.net
Subject: Re: [IAC#RG] COURTS NEED TO CURTAIL HOLIDAYS TO COMBAT THE HUGE PENDENCY
The move by the Allahabad High Court to curtail its summer vacation is a step in the right direction. Infact the Supreme Court which currently functions for less than nine months a year should have taken the lead to increase its court working days so that it could have been also replicated by all Courts across the country to being down the current enormous pendency of cases.
The mountain of pile up of cases is indeed a matter of immense concern. Over three crore cases in trial Courts, a whopping 41 lakh in the 24 High Courts and a mind boggling over 60,000 in the Supreme Court is no easy task to grapple with.
The concept of evening and night Courts is impractical and having been tried in some states has miserably failed. Infact reducing the number of court holidays may be the way to go. Optimizing the working of the Courts during the day must be the thrust by possibly even increasing the Court working hours by an hour or two. But for all this to happen only persons with sound knowledge of law and impeccable integrity must be selected as Judges at all levels of the Judiciary.
Aires Rodrigues
Advocate High Court
C/G-2, Shopping Complex
Ribandar Retreat,
Ribandar – Goa – 403006
Mobile No: 9822684372
Office Tel No: (0832) 2444012
Email: airesrodrigues1@gmail.com
Or
You can also reach me on
Facebook.com/ AiresRodrigues
Twitter@rodrigues_aires
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