Judging
Your Judges
By Subhash Gatade
18 October, 2007
Countercurrents.org
Rakesh
Tiwari, Additional Sessions Judge of in Delhi, would not have imagined
in his wildest dreams that one day his name would make headlines altogether
for wrong reasons. The manner in which the Delhi High Courts upbraided
him for his ignorance about even elementary knowledge of the Code of
Criminal Procedure (CrPC) has been widely reported. The said judge has
also been asked to go on a one month study leave to upgrade his knowledge
of the basics.
Close on the heels of the
admonishment has come the news about the cautioning on parts of the
highest courts of the country about the arbitrary issuance of non-bailable
warrant. A three member jury headed by the Chief Justice himself has
asked the judiciary to make proper balancing between right to personal
liberty and the need to safeguard the interests of society in all such
cases.
While these news have rightly
made headlines, a study about the subordinate judiciary covering six
states, sponsored by the UNDP, has not received the attention it deserves.Interestingly
Jharkhand, which is one of the six states, has come out with its report
first. Monitored by a high court judge, the aim of the study was to
find out barriers if any in providing access to justice for the underprivileged
sections of our society.
And conclusions of the study
are not at all flattering for the judiciary. As reported in a section
of the press it ' brutally confirms the stereotypes of ignorance, indifference
and inefficiency that mark the administration of justice in the lower
courts.'(The Telegraph, 27 April 2007) The study makes it clear that
despite spending five hours in the court, a subordinate judge in any
of the district courts generally disposes just two out of the 29 cases
listed for the day. Commenting on the time management of the judiciary
it also alleges that the 'judges actual “loaf” around, both
physically and mentally.' Of course the report does not spare the police
and the lawyers also who also contribute their share in causing inordinate
delay in disposal of cases.
Looking at the menace of
arrears at an all India level which has already crossed 25 million mark,
it can be expected that the conclusions of the study in the remaining
states - namely Karanataka, Kerala, Maharashtra, Madhya Pradesh, Orissa
and Bengal - would not be qualitatively different.
The only silver lining to
the otherwise grim scenario is the growing realisation that there is
a gap between precepts and practice. It is not for nothing that the
then Chief Justice of the Supreme Court Mr Bharucha had officially lamented
that at least 20 % judged of the higher judiciary are corrupt.
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