CJI seeks more budgetary allocation for courts

New Delhi: Chief Justice of India KG Balakrishnan on Saturday demanded higher budgetary allocation to set up new courts to combat cases that are pending, saying the present allotment is "grossly inadequate". "We have got an independent judiciary. We receive rebuke from the public for many things for which we are not responsible," the Chief Justice said referring to the limitations under which the judiciary works. Favouring serious judicial reforms, he said adequate laws, institutional mechanism and sufficient infrastructure are also needed, otherwise, people's rights would remain theoretical. "The excessive delays, unfair procedures and unreasonable costs may leave the judicial machinery ineffective," he observed at the conference of Chief Ministers and Chief Justices of High Court. States should make budgetary provision for starting new courts and also provide funds for establishment of evening courts and special magistrate courts, Justice Balakrishnan said. He said each High Court would be sending its proposal and requested the State governments to consider these proposals and take steps with utmost urgency. Expressing concern over delay in disposal of cases, he said it leads to dis-satisfaction in public mind about the effectiveness of court process for ventilating their grievances. Observing that there have been 59 lakh petty cases which could be disposed off in a short time, Justice Balakrishnan said some special magistrates could be appointed and if the states are prepared to give some budgetary allocation for starting new courts all these cases which have been pending for long could be disposed off. "Despite repeated efforts, the allocation of funds for starting new courts is not very encouraging. The budget allotment is grossly inadequate to meet the requirement of judiciary," Justice Balakrishnan said. Holding that maintenance of law and order and rule of law was the primary concern of the state, he said "If the courts are unable to dispose off the cases within a reasonable time, the state would not be in a position to maintain law and order". Expressing concern over inadequate infrastructure, he said in many states trial of cases were unduly delayed and in some states there were not enough number of forensic laboratories, delaying the investigation. In some other states, enough public prosecutors were not appointed to conduct the trial, he said adding "the state governments should look to these problems and find out the permanent solution so that we can reform our judicial system".

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