Staff Reporter
KOLLAM: Chief Justice of India K.G. Balakrishnan has said that the high number of cases pending disposal is a matter of concern for the judicial system.
Inaugurating the year-long centenary celebrations of the Kollam Bar Association here on Saturday, Justice Balakrishnan said lawyers had a duty to ensure that people’s faith in the judiciary did not erode.
He said that 2.59 crore cases were pending disposal in the country. Of this, 98 lakh were in High Courts and 43,000 in the Supreme Court. The people’s right to approach court cannot be discouraged. The immediate need was to improve court facilities.
Justice Balakrishnan pointed out that even a small amendment to any Act would lead to large number of cases coming before the courts. He said an amendment to the Negotiable Instruments Act resulted in 20 lakh fresh cases coming up before the courts. Yet not a single new court was established.
The Domestic Violence Act could result in a larger number of cases coming up before the courts. In order to dispose of pending cases, new methods were being experimented. “The big question is how successful such experiments will be. Settlement is one of them. It is a fact that people approach courts after a lot of preparation. Such people might not be prepared for a settlement. With all this pressure, settlements to a large extent have been successful in mitigating the pressure on courts,” he said.
Lawyer’s service
“People should be prepared for settlement. There are free bargaining provisions which are not being taken up. Advocates should take the initiative in this regard. Lawyers have a duty to ensure the confidence of people in the judiciary. They should understand that in addition to an intellectual element, there is also a service element in their profession. Wherever required, lawyers should give advice not to go in for litigation and this is one of the service elements of the legal profession.”
The Chief Justice said that the Kollam Bar Association had a glorious history. Many eminent personalities who donned leading roles in reforming society were members of the association.Addressing the gathering, Chief Justice of the Kerala High Court H.L. Dattu echoed Justice Balakrishnan’s concern at the huge number of pending cases. He wanted the lawyers to strive hard in bringing down the backlog. Lawyers should cooperate with the judiciary for a joint effort to render quick and inexpensive justice.
Chairman of the Bar Council of India S. Gopakumaran Nair, Advocate-General of the Kerala High Court C.P. Sudhakara Prasad, Kollam District and Sessions Judge P. Bhavadasan and Chairman of the Bar Council of Kerala P.G. Thampi addressed the gathering.
Chairman of the centenary celebration committee P. Vijayaraghavan presided. President of the Kollam Bar Association Varinjam Ramachandran Nair welcomed the gathering and secretary M.A. Salam proposed the vote of thanks.