‘There is a need to modernise the
system’
MANISH PACHOULY manish.pachouly@timesgroup.com
A recent report by the State Law and Judiciary Department shows
3.39 lakh cases pending in the Mumbai High Court. Please comment
on this.
This is fatal to the entire concept of justice. The delays
promote dishonesty. If India has to be a global leader, the
administration of justice will have to be revamped. The number
of cases filed are likely to increase in the near future with
the growth in population. We have to provide not only for the
present level of backlog but also have to be ready to meet the
increase in the number of cases.
What is the solution to this?
The gross delay has been a perennial subject of discussion in
various law conferences. The Mumbai High Court has now started
taking corrective steps. Section 89 of the Civil Procedure Code
(CPC) has been amended so that the courts can refer the cases to
arbitration, mediation and conciliation, called Alternative
Dispute Resolution (ADR) methods. The legal profession has also
stepped forward to support the efforts of the High Court. If the
ADR fails, the concerned case will immediately be taken up for
final hearing by the court. Also, previously, the examination
and cross-examination of the witnesses used to be done by the
court itself. Now the examination can be done by filing
affidavits and the cross-examination will be done before an
advocate appointed by the High Court or any other court. He will
be treated as the commissioner of the court.
Isn’t there a need to increase the number of magistrates and
judges?
The Central and State Governments will have to seriously support
the judicial administrative system by appointing more
magistrates and judges. There is also a need to modernise the
system as no quick evidence can be recorded by a typewriter.
B A DESAI - Additional Solicitor General of India
On the numerous pending cases in Mumbai High Court
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