As reported by
press a PIL has been filed in Madras High Court for putting an end to the colonial
practice of long summer holidays in the higher courts. The plea advanced therein
is that now-a-days air conditioning facilities are there in the courts,
chambers, residences and cars and so there is no need for the courts to go on
summer vacation for so long periods. Today judges are not exposed to sweltering
heat conditions in their work environment as it used to prevail when the technology
to cool the judges was not there in the British time.
Even the highest
court of the land has about two months of summer recess apart from
winter or other holidays. Courts also close down when a judge or a lawyer dies.
Thus the working days are reduced to a obnoxious
proportion.
Some argue that
judge-people ratio is skewed. There may be some substance but the fact also
stares deep in our face whether strength of judges originally from seven including
the chief justice to now thirty two (Article 124(1) of the Indian Constitution
as amended in 2008) in the supreme Court and likewise manifold increase in
judicial man power in high courts have made any effective impact on disposal of
cases, the answer is a big no. The pendency at higher courts is alarming. The pay,
allowances and other fringe benefits of judges have gone up enormously. Even
the subordinate judges are enjoying huge pay packets courtesy Padmnabhamn Committee
report and Shetty Commission report for staff. But still the zeal and diligence
has ceased to work. The judges must bear this in mind that they are enjoying
life on the sacrifices of the common people struggling to keep their body and
soul together in the harsh economic hardships but contributing their blood
& flesh to the state exchequer so that the country may move ahead. We hope,
judges respect the sentiments and should leave no stone unturned to provide
timely justice otherwise the situation may be irretrievable and impregnable.
Therefore the Law
Ministry and the Supreme Court will have to make immediate efforts to ensure
that working days are increased, pendency is drastically reduced, delay in
disposal is restricted to one year, no adjournments are granted, and individual
performance of judges is periodically evaluated in terms of quality & final
disposal of the cases.
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