Expressing concern over the piling of pending cases before the courts across the country, Chief Justice of India RM Lodha on Sunday said the relevance of justice lies only in its speedy and free delivery.
Drawing a comparison between law and the health services, he said when medical facilities can be provided to people throughout the year, why it could not happen in the field of law and justice.
“Today, we have 365 days’ availability of medical and health services. Why cannot this happen in our field,” he asked addressing the legal fraternity after laying the foundation of a Bar Council building here.
Justice Lodha said, “Some of the adjournments of the hearing in the courts are necessary but some of them are altogether needless and can be averted. In the Supreme Court, High Courts and subordinate courts, adjournments should be given only when they are necessary. This can be helpful in bringing acceleration in delivery of justice,” he said.
He also called for a better coordination between the bar and the bench to ensure speedy justice.
The dignity of law and justice has to be maintained to ensure that people have trust in the judicial system, he said. The Bar Council building will be constructed at the cost of Rs 22 crore in the premises of the upcoming new Rajasthan High Court building.
(Source: PTI)
Health services are necessary even in the dead of night. These services involve only two persons, the patient and the doctor. It’s also a matter of life and death.
In court cases one has to factor in the third party; who must be heard, a basic requirement in any democratic, modern judicial system. In the case of a disease, no one has to listen to the perpetrator, the virus or bacteria. It needs be destroyed as soon as possible.
Doctors also take holidays. They pass on the work to others. Can such a system work as easily in law courts?
A law court needs at least 3 persons to argue and hear, and two more in an administrative capacity. If even one is absent on that day, proper adjudication is impossible. One party is bound to get hurt. That is why common vacations help rather than hinder the process. This is a judicial process, not a conciliation effort. And judges and lawyers also need a break to be with their families.
The problems do exist but they cannot be solved so easily. It is sad but true. We need to remember that we are 1.25 billion. As a former CJI had said, the fact that so many people come to court shows their inherent faith in the judicial process. Otherwise dons and goondas will take over. Moreover most delays are procedural; these can and need to be streamlined.
There is always a clamour for more judges but no one wants to consider the availability of truly competent persons, well versed in law. If quantity is the only criteria, think of the appeals and overturning of judgements that will follow.
Bapoo M. Malcolm