| ĎThere is a need to modernise the systemí
MANISH PACHOULY firstname.lastname@example.org
A recent report by the State Law and Judiciary Department shows 3.39
lakh cases pending in the Mumbai High Court. Please comment on this.
This is fatal to the entire concept of justice. The delays promote
dishonesty. If India has to be a global leader, the administration
of justice will have to be revamped. The number of cases filed are
likely to increase in the near future with the growth in population.
We have to provide not only for the present level of backlog but also
have to be ready to meet the increase in the number of cases.
What is the solution to this?
The gross delay has been a perennial subject of discussion in various
law conferences. The Mumbai High Court has now started taking corrective
steps. Section 89 of the Civil Procedure Code (CPC) has been amended
so that the courts can refer the cases to arbitration, mediation and
conciliation, called Alternative Dispute Resolution (ADR) methods.
The legal profession has also stepped forward to support the efforts
of the High Court. If the ADR fails, the concerned case will immediately
be taken up for final hearing by the court. Also, previously, the
examination and cross-examination of the witnesses used to be done
by the court itself. Now the examination can be done by filing affidavits
and the cross-examination will be done before an advocate appointed
by the High Court or any other court. He will be treated as the commissioner
of the court.
Isnít there a need to increase the number of magistrates and judges?
The Central and State Governments will have to seriously support the
judicial administrative system by appointing more magistrates and
judges. There is also a need to modernise the system as no quick evidence
can be recorded by a typewriter.
B A DESAI - Additional Solicitor General of India
On the numerous pending cases in Mumbai High Court