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Delay in disposal of cases is the most glaring malady: Justice Anand

Mukhtar Ahmed in Srinagar

Chief Justice of India Adarsh Sein Anand said the delay in the disposal of cases was the most glaring malady of the Indian judicial system.

Inaugurating a two-day judicial officers conference in Srinagar, Chief Justice Anand said, "This has brought about a sense of frustration amongst the litigants. It is not the judicial system which has failed us. It is we who man the system who have failed it because of lack of a sense of responsibility, direction and commitment."

He, however, said the people 'have immense faith in the judicial system' which 'is our greatest asset'. ''However, the confidence of people is shaken when not only ordinary cases but those which call for speedy disposal linger on for years causing anguish to those who seek prompt relief.''

He said the ratio of judges per million population is low in India. While it is between 150 and 160 per million in the US and over 100 in England, it is as low as nine to 11 per million in India.

The CJI said of the 587 high court judge posts, 160 were lying vacant in the country as on January 1, 1999. In seven states, 2,000 judicial officers's posts in subordinate courts lay vacant.

Blaming bureaucratic wrangles for the sad state of affairs, he said the country has no dearth of talent.

Spelling out the reasons for the delay in the disposal of cases, he referred to the population growth and inadequate number of courts. ''Lack of punctuality, laxity and lack of control over the case files and court proceedings, strike calls, grant of unnecessary adjournments contribute to the delay,'' he said.

He noted with the concern that, in recent years, landlords have been seeking the help of anti-social elements to coerce their tenants due to the judicial delays.

''The bar and the bench must resolve to remedy these ills to preserve peoples' faith in rule of law," he added.

Referring to Jammu and Kashmir, he observed that the number of pending cases in the subordinate courts does not present as grim a picture as it does in some other parts of the country.

The pending 110,000 cases before these courts are manageable by 132 judicial officers. The habeas corpus cases in the state had alarmingly swelled to 10,000 three years ago but these have now come down to 700.

He said, "The behaviour and character of a judge, both on and off the bench, has to be of the highest order... If a wrong person is made a judge, society will have to suffer."

Addressing the meeting, Governor Girish Chandra Saxena urged the legal luminaries to suggest measures for ensuring proper and effective functioning of the judicial system in disturbed states like Jammu and Kashmir.

"Rule of law and administration of justice comes under severe strain during disturbed law and order conditions," he said.

The governor said judicial officers should suggest as to what security and other measures are necessary to ensure proper and effective functioning of the judicial system in such disturbed conditions.

They should also discuss whether the normal laws and procedures were adequate. In case they are not, they should suggest whether more special courts and laws were called for, he said.

Chief Minister Farooq Abdullah said several Shariat courts had came up in the valley at the height of militancy, which decided the fate of people and executed them. He cited the brutal murder of former MLA Mir Mustaffa in this regard.

"Those were the days when the administrative set-up seemed to be collapsing. But there were some who did a commendable job during the difficult phase," he said. "Such was the power of the indoctrination that a killer had told a television channel that would not hesitate to kill his parents if an order to that effect was issued by his bosses."

Expressing concern over growing nexus of the legal profession with the militants, he said, ''Though the lawyers have a professional obligation to defend all, they should exercise their discretion so that culprits do not go scot-free."

Blaming the large number of holidays for the delay in court cases, Dr Abdullah indicated that they would be slashed.

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