124 morning courts in state next week, 20 for Mumbai ……..Shibu Thomas
Move Will Ease Burden On Regular Courts
Move Will Ease Burden On Regular Courts
Mumbai: The Bombay high court has cleared decks to set up 124 morning courts across the state, 20 of them in Mumbai alone, despite stiff opposition from lawyers.
A notification to set up the metropolitan magistrates courts was issued on September 14, and is part of the Rs 5,000-crore national plan to modernise the courts and clear the huge backlog of cases. The Union government had approved Rs 5,000 crore for the modernisation of courts, and a lions share of Rs 542 crore was given to Maharashtra. Of this amount, Rs 297 crore was to set up morning and evening courts across the state in the next five years.
The additional courts in the morning and evening are an initiative to make use of the infrastructure efficiently and ensure pending cases are cleared, said M N Gilani, registrar general, high court.
The regular courts work between 10.30 am and 5.30 pm. While the evening courts which were set up earlier this year function between 6 pm to 8 pm, the morning courts will work from 8 am to 10 am. Though morning courts have been in existence for years, these were so far presided over by government staff, who were designated as special executive magistrates. They could pass orders in petty cases like motor vehicle offences. The new morning courts would be headed by a judge a metropolitan magistrate or judicial first class magistrate, and will conduct criminal trials and hear civil cases.
The legal fraternity, however, is up in arms over the morning and evening courts, saying the bar councils were not consulted for a project that is likely to affect lawyers. Morning and evening courts will stretch the working hours for lawyers and put additional burden on them, said Varsha Rokade, secretary of the Bar Council of Maharashtra and Goa. If lawyers are expected to attend these courts, when will they find time to prepare their cases, said Rokade, adding the odd hours will be inconvenient for female advocates, most of who live in the far suburbs. An HC official, however, said the protest was uncalled for. No lawyer is being forced to work extra hours, only those that are willing need do so, said the official adding, This will also give younger lawyers the opportunity to take up cases.
With over 41.58 lakh cases pending before district and subordinate courts in Maharashtra, morning and evening courts will reduce the burden on regular courts. Moreover, flexible timings will help litigants who cannot make it to courts during office hours.
DAWN OF NEW DISPENSATION
Pending cases before district and subordinate courts in Maharashtra – 41.58 LAKH
– Regular courts work from 10.30 am to 5.30 pm
– Morning courts will work between 8 am to 10 am
– Evening courts work between 6 pm to 8 pm
– Cases relating to cheque bouncing, summary trials and matters transferred from the regular courts will be heard by the morning and evening courts
– The morning and evening courts will be presided by a judge or a retired judge who has not completed 65 years of age. In a bid to encourage the courts, 20% of basic pay will be given to the judge and staff as special allowance
– Mumbais first evening court was set up in March 2010
– There are 200 evening courts in the state now
– By the end of 2010, there will also be 200 morning courts across Maharashtra