Steering clear of tainted persons as judges

Moves to steer clear of tainted persons as Judges, set up commercial courts for early disposal of high value business disputes and reduce time courts take on cases from 15 years to three years were announced. 



Acknowledging more than 31 million cases pending in Indian courts, many for ‘about 15 years,’ Law and Justice Minister M Veerappa Moily told journalists a National Consultation will be held this weekend to cut down this time ‘to about three years.’ ‘This situation needs to be addressed immediately,’ Dr Moily told journalists as he detailed the forthcoming event scheduled in New Delhi October 24-25. 



He also spoke of government intention to steer clear of tainted persons in appointment of judges for which a new Bill was on the cards for the winter session of Parliament. 



But Dr Moily declined to go into Karnataka High Court Chief Justice P D Dinakaran’s elevation to the Supreme Court, held up after allegations of corruption surfaced against him. 



The two-day National Consultation ‘For strengthening the judiciary towards reducing pendency and delays’ was described as one of ‘steps initiated on the judicial reforms.’ Taking part in the exercise will be Judges of the Supreme Court, the High Courts and the Subordinate Courts, advocates from Bar Councils and other Bar groups, jurists and law school heads and students. 



Each High Court, for instance, has been requested to designate a Judge and two District Judges to attend the event so as to be involved in implementing the plan in their respective States. 



The severity of the situation has evoked concern at the highest level, with President Pratibha Patil having stressed strengthening the judiciary to reduce pendency and delays. 



The problem of case arrears is not new but has now reached an alarming level where cases are pending in courts ‘for as long as about 15 years,’ a Ministry statement said. 



The statement acknowledged that India’s judicial system ‘has not been successful’ in speedy delivery of justice, but explained it ‘largely’ as a result of ‘the explosion in litigation.’ It saw the increase in litigation as an indicator of the confidence of the people in the system which in turn results in increasing frustration and disillusionment with it. 



It said reduction of arrears needs a combined effort of judicial system, the bar, the litigants and Central and State governments. 



Over the decades, the government has taken several steps in its effort to reduce case arrears and related delays-- from setting up fast track courts to computerising courts and giving judges laptops. 



Seldom has a week passed without a conference or seminar where experts voice increasing dismay over the state of law, order and justice. But the arrears have not stopped mounting. 



The government this month brought into force a law experts had recommended 23 years ago to set up Gram Nyayalayas to put justice on buses to rural doorsteps. 



In a nation of billion plus people, bulk of them living in villages, 5,000 such mobile courts are planned but as Moily said in reply to a question so far some forty have been started. 



He acknowledged however ‘astounding’ response and interest in Gram Nyayalayas. 



The pace of reform remained a problem in many areas-- from filling vacancies to dealing with misconduct, experts say.