The Hindu : Bureaucracy hindering judicial appointments: SC judge

Online edition of India's National Newspaper
Saturday, Apr 19, 2003

Southern States

Southern States - Tamil Nadu

Bureaucracy hindering judicial appointments: SC judge

By Our Staff Reporter

CHENNAI APRIL 18. Justice Santosh Hegde of the Supreme Court today flayed the bureaucracy for furnishing `astronomical estimates' and deterring even genuine and willing governments from implementing the apex court verdict on improving the strength of judicial officers and their pay scales. ``The executive is giving astronomical figures'', while the actual cost would only be a fraction of that. ``This must change''.

The ``judiciary is getting a sort of step-motherly treatment from governments. I will not blame any government, but only a section of the government'', Mr. Justice Hegde said.

He also warned, ``the judiciary, the Bar and the Government, particularly the executive, must realise that if the system fails, all of us will be responsible for it, and democracy will not survive''.

He was speaking at a function organised by the Madras High Court to inaugurate a unique facilitation/enquiry counter on its premises,

Though the apex court had passed the judgment on better pay scales and improving the number of judicial officers a few years ago, many State Governments filed affidavits expressing their inability to honour the fiat on the ground of a financial crunch, the judge lamented.

It was the moral obligation on the part of the Government to see that the judiciary got sufficient infrastructure support. Mr. Justice Hegde, however, commended the Tamil Nadu Government for fulfilling at least the financial aspect of the court order.

As for the computerisation of the judiciary, he said the High Courts of Karnataka, Gujarat and Jharkhand had already stolen a march on other States. In Karnataka every moffussil court was already linked up with the High Court, and a litigant from any part of the State could get to know the case details and its status in any court there.

Describing the delay in disposals as the biggest problem, the judge said provision of technology and access to modern gadgets only facilitated disposal for, it was the human effort which made all the difference. ``We must realise that the human fault (for delay in disposal) lies with us. Unless we discuss and solve the problem, the system will be in danger''.

B. Subhashan Reddy, Chief Justice of the Madras High Court, said the court had already forwarded to the Government a proposal for linking all district and subordinate courts with it. Citing a pledge from the Law Minister, D. Jayakumar, that the Government would consider favourably any modernisation proposal from the judiciary, Mr. Justice Reddy stressed the need for linking the district legal services authorities to the Tamil Nadu State Legal Services Authority so that the Alternative Dispute Resolution mechanism became more successful and effective.

He said the Madras High Court had set a national record, disposing of more than two lakh cases during the last calendar year, a feat accomplished with a working strength of just 31 judges.

Mr. Jayakumar, said videoconferencing was already introduced in the State and work was on towards making the Secretariat a `paperless' office.

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