The Hindu : National : Contempt petition filed in Supreme Court

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Wednesday, Sep 26, 2007
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Contempt petition filed in Supreme Court

Legal Correspondent

New Delhi: Expressing concern over non-implementation of the Supreme Court directions in March 2002 for creation of additional courts at all levels to clear the backlog of cases, a contempt petition has been filed for initiating action against the Union Law Secretary and the Chief Secretaries/Administrators of all States/Union Territories.

The petitioner, Sanjay Goel, a practising advocate, said that in the All India Judges’ Association case, the Supreme Court had directed that the existing vacancies in subordinate courts at all levels in all States be filled by March 2003.

The judges’ strength should be increased to 50 judges per 10 lakh people by filling posts in five years in a phased manner to be determined and directed by the Centre.

Allocations low

The petitioner said that though these directions were issued five years ago, nothing appeared to have been done by successive governments both at the Centre and in the States “which is evident from the budgetary allocations which remain abysmally low.”

He alleged that “delay in the justice delivery system and shortage of judges are the two primary causes of corruption in the judiciary. People seek shortcuts through bribery, etc, to get things done.”

Delay in proceedings

Quoting Monday’s judgment, the petitioner said people had started thinking that justice would not be done in courts due to delay in proceedings.

He said any undue or unnecessary delay in dispensation of justice due to inadequate judge strength in courts was a violation of the fundamental right under Article 21 of the Constitution (right to life and liberty).

The authorities had failed to implement the apex court directions, the petitioner contended.

He sought a direction to initiate contempt proceedings against the Union Law Secretary and Chief Secretaries/Administrator of States/Union Territories.

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