On Sun, 03 Aug 2014 13:30:27 +0530 Kalyan Bhattacherjee wrote
SELECTION OF JUDICIAL OFFICER NOT ON SENIORITY BASIS BUT ON MERIT BASIS.
1) We have to have grading system for recruitments of judges i.e we have to maintain the statistic of all the Advocate practising in the High Courts and the Supreme Courts as to how many cases they win and how many cases they lose and the time taken for each such case. This is so because Advocates would be encouraged in the pursuit of justice to take only winnable cases and not those cases which are prima facie not tenable in law but taken to make the fast buck. This will not waste the time of the courts in frivolous cases.
ONE WHO WINS THE MOST CASES - UPHOLDS THE JUSTICE AND HENCE NEED TO BE HONOURED BY APPOINTING HIM AS JUDGE.
2) The advocate who takes winnable cases and the one who wins the most of the cases and loses very few of them during his career as an advocate got to be elevated to the post of the Judge because he has uphold the justice in most of his cases during the time he was practicing.
JUDICIARY SERVICES OUGHT TO BE MADE CHARGEABLE
3) An expensive judiciary has become a burden on the society. Why should the innocent people i.e. the whole lot of society should pay for the Judiciary through their taxes? It is only the Litigants who have to bear the cost of Judiciary. As such we must start charging ( initially a nominal amount) to the litigants for the services rendered by the Judiciary.
Once we start charging for the services of the judiciary most litigants would opt out and some unscrupulous people would be refrained from wasting precious time of the judiciary. The advocate themselves would be under check not to take the Litigants for granted. In course of time Govt. must make all their services chargeable and bring all their services under the purview of Service Tax Act.
4) CHANGE THE MODUST OPERANDI OF THE JUDICIARY AND JUDICIAL SYSTEMS.
We follow British system of delivering justice which has become time consuming and ineffective. We got to change that a bit. Instead of following normally followed procedure we got to send all the cases to Lok Adalat where we have to call both the parties together with their witnesses and try to sort out the problem among themselves and if possible try and sort it out .I am sure many of the cases would get settled in a one or two seating at the most. BUT WILL THE LEGAL FRATENITY WHICH SURVIVES ON THIS ALLOW THIS TO HAPPEN? Never more the cases get prolonged more is their income. The Judiciary being from the same Fraternity protects the interest of the practicing advocates and permits all tactics of delaying the matter on one pretext or the other. “BIRDS OF FEATHER FLOCK TOGETHER”.
5) JUSTICE DISPENSATION CENTERS AT THE VILLAGE LEVEL.
We got to have justice dispensation centres at the village level (NOT LIKE KHAP PANCHYATS) so that many of the cases get solved amicably at the village level itself. We have to support this centres with a judicial officer who could advise the Village Sarpanch and also be a party to it. In case of criminal cases we got to have an Inspector of the local Police station on the panel. I am suggesting this as I have come across many such judgements where the hon'ble judge has erred in his judgement for having never paid a visit to the site. Just by sitting in the Court it is not possible for an judicial officer to visualise what has happened or what is happening at the site.
6) PENALTY FOR CIVIL CASES GOT TO BE VERY SEVERE.
At present most of the civil cases are filed with mala-fide intentions because there is no fear of law if they lose the case. Thus wasting the precious time of the courts and money of the person who is dragged into the Court. at the end of the case the losing party is charged a nominal penalty which got be changed drastically. The Losing Party must not only be made to pay the entire cost of the litigation to the wining Party but also the charges to the Court for having filed a frivolous case and wasting the precious time of the Court.
7) GIVE PREFERENCE TO EVIDENCES.
The court needs to keep in mind that the witnesses who come to court to give evidence are doing a great service to the people and the Society. They should not be called number of times and should not be harrased if they do not want to give evidence in one particular case. The courts must know it very well that each one of us got to work to eke out our living i.e if we do not work we are not paid and hence we got to remain hungry.But the courts think otherwise. They think that the whole world except them have lot of time and they have to obey them when called for evedence or they could come any number of times. The witnesses must be given preference and their evidence and counter evidence must be finished on one particular day only and he should not be called number of time.
8) NO ADJOURNMENT AND NO POSTPONMENT.
It so happens some time that the judicial officer does not turn up sometimes to due to some personal reasons and hence all the cases are adjourned to the next date, thus all the Litigants numbering to more than 50 to 100 wasting their day. This should be arrested by substituting some other officer so that at least the filing work and evidences could be completed. We know that the new officer who is not abreast with the given cases would not be in a position to deliver Judgement but efforts could be done to salvage the loses due to absenteeism in the Court.
9) JUDGEMENT COULD BE SHORT AND SWEET.
we are in the age of Information Technology. What we find from most judgements is that it is running into pages. judgement got to be very precise and to the point without citing any precedence’s of some other cases which has no relevance to the case under consideration Thus got to be avoided preferably.
LET US HAVE A PROSPEROUS SOCIETY WITHOUT ANY TANTA. NO TANTA NO TENSION. more
truth only. Cases must be dealt with in framed time. more