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Monday, Feb 09, 2009
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‘Executive taking over judicial work’

Special Correspondent

Dispensation of justice by people without trained judicial minds: judge

– Photo: P. V. Sivakumar

Talking shop: Chief Justice Anil R. Dave (right) with Justice S.B. Sinha, Supreme Court judge, at the regional workshop on ‘Planning and Management for Timely Justice’ in Hyderabad on Sunday.

HYDERABAD: Supreme Court judge S.B. Sinha has said that dispensation of justice which was the sole prerogative of the judiciary was taken away by those who did not have trained judicial minds.

Such people even adjudicated disputes, he said delivering the valedictory address of the three-day regional workshop on ‘Planning and management for timely justice’ organised by the National Judicial Academy (NJA).

Expresses anguish

Justice Sinha expressed anguish that a large chunk of judicial work was going into the hands of the executive, which ensured ‘tribunalisation’ of not only civil but criminal cases.

He advocated a multi-pronged approach to revamp the judicial system which, he felt, was mismanaged.

“Not only outsiders but insiders in the system feel we are not able to manage ourselves. It is imperative we put our house in order for better judicial governance,” he remarked.

The judge of the apex court felt that judicial reform was a potent drug to cure many diseases that affected the system in the country. “A judiciary which should be healthy is suffering from many diseases.” The solution was in enhancing the quality and responsiveness of judiciary to the needs of the litigant public. After all, the judiciary was the last repository of trust of common public.

Positive side

On the positive side, he said of 1.7 crore cases, 1.6 crore were disposed of by courts throughout the country in 2007.

The rate of disposal was 1,400 cases a year by subordinate courts and 2,200 cases an year by High Court judges. Nowhere else in the world were so many cases instituted and disposed.

Chief Justice of the Andhra Pradesh High Court Anil R. Dave stressed the need for strengthening of cases in subordinate courts which were the foundation for litigation where evidence and facts were recorded.

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