A query on the state of art judicial system
MK Mohanan
(Querist) 26 December 2008
This query is : Resolved
Will anyone attaneding this portal be professionally competent enough to clarify my doubts on the sorry state of affairs prevailing on the judicial system in India, particular to industrial relations.
1. A writ petition admiited in the High Court of MP remains to be taken-up for more than six years.
2. A case in the labour court in MP having a statutory provision of six months for awarding a decision, remains to be in the process with more than 36 dates extended for one or other excuses including even lawyer's strike and also absence of a presiding officfor a substantial periods over a period of 4 years.
3. Grievance complained with the Department of Administrative Regorms & Personal Grievance on two different issues remains as unresolved for more than two years against a clear provision of three months in the concerned rules.
It will be highly appreciated, if any one could give some or other feasible opinion on alternate ways or means to get the applicant achieve a mental peace.
Thanks
MK Mohanan
(Querist) 26 December 2008
The responses are thankfully acknowledged. However, it is regretted to inform that no feasible opinions are received so far. Anyway, let's have further looking out in anticipation of any practically achievable ideas.
Thanks & Regards!
Rajesh Kumar
(Expert) 26 December 2008
The situation is bad, and justice delivery system is probably worse. There is no solution in sight.
The primary reason is probably peoples apathy towards justice delivery system. I am not aware of any election where such bad affairs in justice delivery system was ever even an minor issue.
Srinivas.B.S.S.T
(Expert) 26 December 2008
Well that all means you are living in India. I was just joking. Sir, I can understand your agony. With regard to the MP before the High court you can address a letter to the CJ of High Court marking a copy to the registry so that the matter will be taken up at the earliest. Srinivas BSST.
M. PIRAVI PERUMAL
(Expert) 27 December 2008
This is the concern of almost all the litigants in the country. Delay in deliverying justice is due to numerous reasons. Ratio of Judges : Population remains stagnant, vacancy in the existing strength of judiciary, lack of infrastructure to some extent, shortage of man power and so on. Even now the judiciary is taking all steps which are possible for speedy disposal like fixing of norms for disposal of cases for judges and so. Off course in Madurai Bench of Madras Hon'ble Justice Jayasuriya and Hon'ble Justine K.N. Basha were disposing numerous cases sitting in the Court till 9 PM and the administrative staff were there at office till earning morning the next day. Let us be positive and hope that things will get better. With regard to the cases cited by you Mr. Srinivas has provided the solution.
Prof. Dr. Amaresh Kumar
(Expert) 27 December 2008
Mr. Mohanan,
After all why not you understand that our judicial system is something better than the executives of the Government. At least the Hon'ble Judges remain in their court and hear the matter. Since the piling of litigations are so heavy the people get annoyed.
According to me the solution was once suggested by Shri Ram Jethmalani, when he was the Law Minister of the Union Cabinet Ministry."He observed as an advocate minister that 80% litigations are against the Government. Thus he suggested that Government shall pass an act that in the matter of litigation against the Government the officer responsible will contest the matter on his expenses. The Government will not provide the Government Advocate or any assistance during the litigation. When the Government will win the case the whole expenses including the advocate fee will be reimbursed to the government officials. In this way the litigations piling in the courts only just for the whims and vice of the Executives sitting in the Government Department will be lessen. Since the Executives are not to spent even a single penny from their own pockets. They keep on lingering the matters in the courts."
As an employee if you feel that after litigation you will get Rs.1.00 you may settle the matter if you are provided paise 80 out of the court and agree to serve the institutions. But the executives with the pre-notions and biased attitude does not think the interest of the Government that if an employee remains out of work for the years and get all his salary and dues with out work what the executives are losing. Thus they are lingering the matter.
This we will have to bring to the knowledge of the government and start a movement to pass such an rule or act.
Prof. AMARESH KUMAR
Academic Lawyers
Supreme Court of India
New Delhi
Mob.09717001551
J K Agrawal
(Expert) 27 December 2008
Sir
There is no one reason of delay and that’s why there is no one solution. it is an old maxim that delay defeat law. Delay in justice is not a new problem. Some time we say that at the door step of God, there may be delay in justice but it will not be defeated.
We have no answer of your question because it is not your question only, it is ours also. We are also seeking answer of this question.
After a practice in the field of law for 20 years I recently felt a dramatic change in Indian Judicial system and I fee that the justice is more quick now ever before.
Hiralal Das
(Expert) 08 April 2009
Thanks all of you the ld. members and the author.
I think your valuable opinions will assist everybody to solve their problem/matter in question properly.
