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CJI concerned over decline in civil cases filed in courts

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Posted: May 23, 2009 at 1744 hrs IST

Chandigarh A decrease in number of civil cases being filed in courts was a cause of concern, Chief Justice of India K G Balakrishnan said on Saturday that wondering whether people preferred "extra-constitutional methods" to seek justice.

"We are not worried about the number of cases, but we are worried about the absence of cases. Why has there been a decrease in the number of civil cases as pointed out by (Supreme Court judge) Justice (S B) Sinha," the Chief Justice said after inaugurating the campus of Chandigarh Judicial Academy in Chandigarh.

Justice Balakrishnan said that it was not that people don't have problems anymore because of which they are not approaching the courts, "but are they seeking other alternative methods outside the court the extra-constitutional methods, that's what we are worried about.

"We want more cases to come. When there is education and people are aware about their rights they will come to courts, that is the best method of resolving disputes in society," the CJI said, adding "it is only through judiciary that we can have peace and harmony in society".

The CJI favoured proper training for judges for speedy disposal of the 1.62 crore pending criminal cases and stressed on the need for setting up 10,000 courts.

"We have roughly about 15,000 courts in this vast country, which are completely inadequate. We know this is not sufficient at all and we want to have 10,000 courts more. We also know this is not going to be possible immediately," the CJI said.

He stressed on the need to impart proper training to judges to cope with the backlog. "We want to inculcate basic values, basic constitutional values in them (judges). We want judges who must know the rights of women, the rights of HIV affected persons, socially deserted ones and how to deal with them and how to be sensitive to them," the CJI said.

"We want judges who are committed to social values... with training, we want to make use of judges to their optimal level," Balakrishnan said.

In his speech, Supreme Court Judge, Justice S B Sinha had expressed concern over police, bureaucrats and extra-constitutional authorities "playing the role of the judiciary".

"This must stop.... We must bring judiciary its old days of glory," he said.

Balakrishnan said that people all over the world had "great appreciation" for Indian judiciary as "we are the only country where judges deal with such large number of cases. Justice S B Sinha said that at the current rate, by 2030 the number of pending cases would increase to 24 crore and pointed that CJI had suggested that "we should have a system where no case should be pending beyond five years".

With changing times the judges have to be "responsive to the needs of the litigants", he said and stressed on the need for enhancement of "judicial skills"

"In today's world, a judge has to deal with international criminals, white collar crimes, intellectual property rights and cases pertaining to cyber crime," he said. Justice Deepak Verma said said that earlier there used to be "compatibility" between the lawyers and the judges, which was not seen now.

Justice A K Ganguly said that today's judge has to be "multi-dimensional" and has to "counter balance various conflicting social problems".

"Law is oceanic, vast. The structure of training is important for judges to go about discharging their duties," he said, adding "with global economy and global society becoming the day's reality, jurisprudence has to become global too" for which intensive training is a must.

Justice Mukundakam Sharma of Supreme Court said there was shortage of infrastructure and even support staff for the judges in many states.

Justice D K Jain of the apex court in his speech said that stress has to be given on "personality, character and conduct" of the young judicial officers.

Justice Tarun Chatterjee said that a "modern judge must play role of a social reformer. "With judiciary being flooded with volume of cases, we need to train our judicial officers to cope with this," he said.

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CJI must be joking!! by Suresh ram on 28 May 2009

Please visit any magistrate court in the country. See the perfect chaos for yourself. That at least about 200 litigants, 20 policemen, 40 lawyers cramping and Urine and arrack smell all over the Court Hall.20 cases of bail heard in the first one hour, atleast 40 bail bonds executed in the next one and half hour and 20 prisoners remanded for 15 days for another one hour or till 2.00 pm.The judge may come back after 3 pm and see cases postponed consecutivesly and one or two witnesses examined a day!!It is nothing but a joke that CJI talks about people approaching courts for Justice. If someone want to do INJUSTICE to someone else would anybody approch the courts!!

Lawful Harrasment by rohit on 27 May 2009

Judiciary is non existent entity in India and is a dangerous parasite. The entire system of Justice from FIR to the top is meant to harass, terrorize and suck hard earned money from people and leave them in a state where one can only repent going for justice. If people are going in for settlement prior to the beginning of the lawful harassment by police and judiciary, they are doing it right.

Declining civil cases by ashok mehdiratta on 25 May 2009

CJI should have known the causes.If he is not aware of thecauses,he is behaving like Advani,who was always trying to cover up his follies in his Autobiography.Our corrupt judiciary,white elephantic legal system,advocates in the form of leaches,all are contributory factors in our untrustworthylegal system.There is a need to have quick disposal of cases,honest investigating agency,scrupulously honest judiciary,laws governing conduct of advocates are the need of the hour.Unfortunately corruption is encouraged by staff of the courts.Does CJI not see these things?Kangaroo courts are a disgrace to any civilized society,but our Panchayatsare case in point,wherein they have even awarded even death sentences to the couple for inter caste marriages.What answer does CJI have for these acts?He must set the system in his courts right.Please visit small courts in our statesto see how the system is being manipulated by the courts,advocates and the Police.Mr CJI,donot blame public but yourself

Civil Cases decline by J. P. Shah on 25 May 2009

Common man has lost faith in judiciary and over a period of time, it will be serious law and order problem in the country. Private sector should be roped in to assist in clearing the backlog. Govt machinery will not succeed.

Reasons for decliing case by Mukesh Yadav on 25 May 2009

common man is loosing faith in judiciary. delay in delivery of justice. high fees charged by the advocates, complex judicial process are some of the reasons for this decline in number of civil cases.

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