Tamil Nadu - Erode   

Chief Justice of India calls for revision of court fee structure

— PHOTO: M. GOVARTHAN

New ideas: Chief Justice of India K.G. Balakrishnan inaugurates plaques at the Celebration of 200 years of Courts at Dharapuram and Bhavani, 150 years of District Munsif Court, Erode, and 100 years of Magistrate Court, Perundurai, which were held in Erode on Sunday.

ERODE: Chief Justice of India K.G. Balakrishnan has called for revision of court fee structure to dissuade delay in trial and deliver justice in time.

“A plaintiff, especially in cases under Sec. 138 of Negotiable Instruments Act, pays only the court fee and nothing more. This should change. If a plaintiff delays trial, it results in wastage of court’s precious time, for which he must be made to compensate," he said on Sunday at the fuction organised for the ‘Celebration of 200 years of Courts at Dharapuram and Bhavani, 150 years of District Munsif Court, Erode, and 100 years of Judicial Magistrate Court, Perundurai’.

Referring to the Singapore judicial system where a plaintiff pays money in proportion to the time taken, Justice Mr. Balakrishnan suggested that such a system be brought in place to avoid delay.

“After a reasonable period, if the plaintiff takes more time, he must be made to pay for it," he reiterated. This was one of the methods to bring down the trial period, the Chief Justice of India said.

Other ways like mediations and computerisation and case management should also be encouraged, he added.

“At present members of the higher judiciary are undergoing training in mediations, which is good. But I think the members of district judiciary should also undergo the training, so that case load is further reduced," he said.

He added that the Supreme Court was considering introduction of training for members of district judiciary as well.

On the pendency of cases, the Chief Justice of India said it was not due to procedural delays but complexities of cases and questions of law involved therein.

He further said that it was not due to judicial officers who were performing exceedingly well. The other reason he attributed to the pendency was the rise in number of cases filed. “The increase in the number of pending cases has to do with the rise in number of cases filed as well. For example, in the Supreme Court alone the number of cases filed has gone up by 23 per cent," he said.

In various high courts in India, more than eight lakh cases are pending and in the subordinate courts more than 3.53 crore. Justice P. Sathasivam, judge, Supreme Court, urged the young members of the bar to specialise in new and emerging areas of law. “Look at areas like environment, intellectual property rights, cyber crime, etc., so that you can keep pace with the developments. More so when international law firms are waiting to establish offices here."

State Minister for Public Works Department and Law Durai Murugan said that the present Government had set up a number of courts and given consent for appointment of more judges to enable speedy delivery of justice.

Union Minister of State for Law and Justice K. Venkatapathy said the present Union Government had given approval for setting up benches of several high courts.

Member of Parliament from Palani urged the Supreme Court to set up its bench in Chennai. Supreme Court Judge Justice A.K. Ganguly, acting Chief Justice of Madras High Court Justice S. Mukhopadhyaya, judge of Madras High Court Justice K. Raviraja Pandian, Union Ministers of State E.V.K.S. Elangovan and Subbulakshmi Jagadeesan and others participated.

Printer friendly page  
Send this article to Friends by E-Mail

Stories in this Section

Town panchayat constructs pond to meet water needs
MLA writes to Govt. on sugarcane prices
Handloom exhibition
DRO distributes sewing machines
Grievance day postponed
Chief Justice of India calls for revision of court fee structure

Copyright © 2008, The Hindu. Republication or redissemination of the contents of this screen are expressly prohibited without the written consent of The Hindu