RTI to ask Govt. why it gives dates instead of justice ?
Guest
(Querist) 20 June 2010
This query is : Resolved
We go to the courts for justice and they give us next dates of hearing.
Can we ask the Govt. through RTI that under which constitutional law they go on evading justice to its people?
If yes please tell me the procedure in details.
For Legal Fighter-- There's need for speed, but legal system is not a factory
There are too many pending cases, particularly in the district of Mumbai. The number of magistrates is too few to cope with the workload.
The Bombay high court has recently ruled that “there is, therefore, the need to augment the judicial strength in the city of Mumbai… But the legal system is not a factory where production goes on continuously for 24 hours”.
A division bench of justice FI Rebello and justice Amjad Sayed said, “Even if additional posts of judges are sanctioned, other facilities and staff be recruited, there is acute shortage of buildings to house the additional courts and the staff.
“The high court, no doubt, does from time to time propose to the government the need for additional manpower, as also infrastructure. The budgetary provisions made by the state government for the last few years, do show an increase. But, it is not adequate to meet the floodgate of litigation…”
The judges made the observation while hearing a PIL filed by a Bandra-based engineer, Anil Gidwani. They went on to add, “The Maharashtra government has sanctioned evening courts. The high court has started the process of evening courts. Still there is need for more regular courts, as it may not be possible for the same judge to work Monday to Saturday, for long hours. This ultimately is bound to affect the quality of justice.
“Apart from that, if a judge is away from his family for longer hours, then it might affect family relationship. The legal system is not a factory where production goes on continuously for 24 hours.”
Gidwani had filed a PIL in 2009, saying that the judicial system needed to be reformed. After he wasted three years in litigation over an alleged illegal car parking, he moved the high court, asking it to intervene and check the administration of magistrate courts.
Gidwani had raised several grounds, to which the registry of the high court was directed to respond. The petitioner had queried whether a trial for an alleged parking violation should go on for 21 months. The registry replied that it was required that trials be completed at the earliest, having regard to the nature of petty offences, overall pendency of the old and other matters, etc.
The registry also stated that a policy decision has already beentaken regarding transfers of judicial officers every three years. However, there is an exception which allows principal district judge/principal judicial officer to assign/reassign cases to different judicial officers in the interest of justice.
The HC while disposing of the PIL directed Gidwani to file an application under the right to information Act to find out about the guidelines, rules and procedures laid down to deal with the process of lower judiciary.
Source : http://www.dnaindia.com/mumbai/report_there-s-need-for-speed-but-legal-system-is-not-a-factory_1388708
mahendrakumar
(Expert) 20 June 2010
Dear Madhu,
there is no harm in taking your concerns through RTI to the Govt.
sometime RTI can play wonders.
good luck. for further assistant,please visit rtiindia.org
adv. rajeev ( rajoo )
(Expert) 20 June 2010
There will not be only one case in the court and it is not possible to dispose the cases at a stretch, court has to follow some procedures. There will be a stages like written statement of defendants, issues,evidence of both parties,if any IAs objections to those IAs, hearing of them etc., It is not a fast food to give the judgement instantly.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 20 June 2010
Unless you understand the provisions and procdures and can pinpoint lapses such greviences will do more harm than good.
Legal Fighter
(Expert) 20 June 2010
There may be as many cases in courts but it is duty of Govt. to provide justice in time bound manner. I agree that the Courts just give dates and it has become habit of Judges and lawyers to give/take dates than to have effective hearings. We all know that there is a procudure to follow but that doesn't mean that we should be deprived of justice in timely manner. It is already well said and understood that Justice delayed is justice denied.
Legal Fighter
(Expert) 20 June 2010
I don't think that RTI is goona help in this matter as under RTI act, we can seek only the information which is readily available on record.
I think we should file PIL in the court and call upon the Govt. to come up with the efforts being done at their end to provide Speedy Justice to the litigants.
mahendrakumar
(Expert) 20 June 2010
there can be more than one road to a destination. RTI is one and cheapest of all.
further,pending number of cases and lengthy procedures etc are not to be the concern of the person seeking justice within a reasonable period.
B K Raghavendra Rao
(Expert) 20 June 2010
You need to blame the procedure and not the government. The government has no role in rendering justice. It is the judiciary that needs to address to such problems. The lengthy procedures need to be shortened. Rendering of justice need to be streamlined or rather revolutionised. The matter is not simple but not impossible. RTI is not the proper way as government has no role to play.
Guest
(Querist) 21 June 2010
For Legal Fighter-- There's need for speed, but legal system is not a factory
There are too many pending cases, particularly in the district of Mumbai. The number of magistrates is too few to cope with the workload.
The Bombay high court has recently ruled that “there is, therefore, the need to augment the judicial strength in the city of Mumbai… But the legal system is not a factory where production goes on continuously for 24 hours”.
A division bench of justice FI Rebello and justice Amjad Sayed said, “Even if additional posts of judges are sanctioned, other facilities and staff be recruited, there is acute shortage of buildings to house the additional courts and the staff.
“The high court, no doubt, does from time to time propose to the government the need for additional manpower, as also infrastructure. The budgetary provisions made by the state government for the last few years, do show an increase. But, it is not adequate to meet the floodgate of litigation…”
The judges made the observation while hearing a PIL filed by a Bandra-based engineer, Anil Gidwani. They went on to add, “The Maharashtra government has sanctioned evening courts. The high court has started the process of evening courts. Still there is need for more regular courts, as it may not be possible for the same judge to work Monday to Saturday, for long hours. This ultimately is bound to affect the quality of justice.
“Apart from that, if a judge is away from his family for longer hours, then it might affect family relationship. The legal system is not a factory where production goes on continuously for 24 hours.”
Gidwani had filed a PIL in 2009, saying that the judicial system needed to be reformed. After he wasted three years in litigation over an alleged illegal car parking, he moved the high court, asking it to intervene and check the administration of magistrate courts.
Gidwani had raised several grounds, to which the registry of the high court was directed to respond. The petitioner had queried whether a trial for an alleged parking violation should go on for 21 months. The registry replied that it was required that trials be completed at the earliest, having regard to the nature of petty offences, overall pendency of the old and other matters, etc.
The registry also stated that a policy decision has already beentaken regarding transfers of judicial officers every three years. However, there is an exception which allows principal district judge/principal judicial officer to assign/reassign cases to different judicial officers in the interest of justice.
The HC while disposing of the PIL directed Gidwani to file an application under the right to information Act to find out about the guidelines, rules and procedures laid down to deal with the process of lower judiciary.
Source : http://www.dnaindia.com/mumbai/report_there-s-need-for-speed-but-legal-system-is-not-a-factory_1388708
