Thursday, May 14, 2015

Dinesh Kamath's Editorial 'Use modern technology to make Judiciary efficient' that was published in Newsband

Use modern technology to make Judiciary efficient
India’s courts are clogged with long-pending cases. The real extent of judicial pendency in India is nearly impossible to estimate on account of an utter lack of standardisation in data classification and management systems; virtually every State is a law unto itself, collecting and classifying case data as it chooses, making it impossible to compare with the neighbouring State. This is not a purely technical concern; it has severely hamstrung India’s efforts to understand the nature of not just judicial delay, but the judicial process itself. The technology to resolve this is now easily and cheaply available. Why not use the technology?
The procedure involved in handling the cases in courts is of stone age and this leads to delay in solving cases in less time. The whole system need to be metamorphised to a system in which the courts have different unit for different cases as it will consume less time for a case to be solved. But it hardly seems to be implemented due to inadequate number of judges. We can seek recommendations from courts abroad. Indian courts should use modern technology to enhance their ability to cope with the complications.
All the witnesses and their testimony are recorded on papers which can be done now electronically. All simple matters like challans should be finished in the Office of IPS and should go to the court. Cases should be assigned to judges & lawyers based on their backlog, bandwidth & capability.
Sometime it appears that the problem is not with judiciary but with the lagislature and executive who create unconstitutional or arbitrary laws. This pathetic situation will never changes unless the other too organs do their work properly. You cannot just blame judiciary.
Since Independence Political Leaders and Judicial Authorities in the name of separation of powers and confusion in clearly demarcating the boundaries between them in the constitution, are continuously fighting for the supremacy rather than reciprocating each other for the welfare of the Common people ,
Indian Judicial establishment is too slow to reinvent itself and come up with a scheme to provide speedy justice. The judiciary should think about it within it, and find out how a speedy justice can be provided. Or else it would lead to a situation where justice is tardy and delayed and there is no authority in the country which can improve the situation. That would be really dangerous for the nation in the long run.
Indians are not as litigious as other countries. But the main problem is the time taken by courts to handle a case. In 26/11 case USA was much quicker to prosecute David Headley, India took much longer to prosecute Ajmal Kasab. Total re-engineering of processes to minimize appeals is needed. All and sundry cases go to Supreme Court, whereas High Court should have handled it. The PILs and special cases again take away band-width from courts. Certain cases should start only at High Courts and certain others end there, so that the number of levels is reduced to two and only in rare cases SC should intervene. SC should generally handle the cases which raise nation-wide issues. The automation should be done with the help of service providers quickly than just rely on Government agencies.

The attitude that resists reforms should go away. There really is no genuine attempt on the part of the Bench and the Bar to let go outdated systems and embrace technology to speed up matters. It is as if the legal fraternity treats justice delivery as their internal matter which they can deal with as they please. No matter how many new judges are appointed, no matter how many new courts are created, no matter how long the working hours are, the Sisyphean tragedy of docket explosion exacerbating the pendency will persist to haunt the people of this country, unless honourable judges and distinguished lawyers sit together and chalk out an actionable plan to sort out the mess. The government also should act as a facilitator of change.

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