Create infrastructure for timely disposal of cases: Judge

Days after Chief Justice of India T.S. Thakur asked the Centre to expedite the appointments of judges, another Supreme Court judge on Saturday said the lawmakers should exhibit a similar “enthusiasm” as they do while creating new laws in providing required infrastructure for the disposal of cases under such new laws.

Justice Jasti Chelameswar put across these points to minister of state for finance Jayant Sinha while the two of them were attending the annual “Enforcement Day” event organised by the Enforcement Directorate here. Mr Chelameswar said he was taking up the subject here as there is a “debate” and “accusation” going on in the country on the issue of delays in getting decisions from courts. He said he was specifically addressing the issue to Mr Sinha as he, as the representative of the government at the event, can “only handle it”.

“The enthusiasm exhibited by the legislature, be it Parliament or state legislature in making new laws, creating new rights and obligations — the same degree of enthusiasm is not exhibited by the government in creating the appropriate infrastructure. If you notice the pattern in law, every new law creates necessary obligations and leads to litigation. Litigation requires fora to adjudicate the rights and obligations but every law does not create a new forum,” he said. The apex court judge said that the jurisdiction (of the new created Act) is “dumped” on some existing forum.

Mr Chelameswar said further said, “Take any decision in any state or Union Territory, the enactment under which the district judge has the jurisdiction is mind boggling. So long as this situation continues, it will be difficult for the district judges (to effectively mete out justice)”.

There is a limit for any systems’ ability and capacity. However, brilliant, however hardworking, the individual is, if you ask a judge to handle 30 cases a month, the efficiency level would be something. You ask the judge to deal with 300 cases you know what happens and what has happened,” he said, hinting that such a situation leads to piling up of cases.

“Don’t dump this jurisdiction on the same old district judge who is dealing with joint family partition matters or regular 302 (murder) cases or so on. Create new bodies, give this jurisdiction to new bodies which can exclusively deal with it,” he said, seeking additional facilities whenever a new law is enacted in the country. He said one has to be logical to find a solution to the mounting and pending litigation in the country. “I am not saying that the delays are justified. Because there is no point in being rhetorical about it unless we are logical about it and analyse it. I am not saying this (lack of infrastructure) is the only reason that the delays take place. There are various other reasons and the forum for discussion of those reasons is not this. This is a forum where this (infrastructure) aspect is required to be taken note of and perhaps, it will, hopefully be taken care of in the future,” said the apex court judge.