Saturday, June 23, 2012

High pendency of cases results in lack of confidence in judiciary, warns apex court judge


Chennai:
A Supreme Court judge expressed concern over high pendency of cases and said it results in loss of public confidence in the judiciary.

Delivering a lecture on ‘Role of Advocates in Justice Delivery System’ to mark the 150th celebration of High Court, Supreme Court judge justice P Sadasivam highlighted the need to reduce pendency of cases as this would result in people turning lawless and resorting to violent crimes to get justice.

Highlighting the need for judicial reforms to reduce pendency of cases, he stressed on the advantages of alternative means of dispute redressal even if the case is pending in court of law.

“The disputes can be resolved more economically and speedily. This system effectively reduces the work-load of the court and provides flexible procedure, strict procedure of law is not applicable to alternative means of dispute redressal,” he said.

Sadasivam said that cases under the Motor Vehicles Act, 1988, The Consumer Protection Act 1986 and The Contract Act 1872 besides cases involving family law, insurance, compensation, labour disputes can be brought under the aegis of dispute redressal mechanism.

Stressing on the importance of Section 80 of Civil Procedure Code, he said it is a provision to initiate conciliation and give an opportunity to the government to settle the matter amicably prior to institution of a suit in the court.

He also said that in modern India, environmental jurisprudence has a long way in acquiring a very seminal importance leaving behind the engraved British juristic notions as outdated and insufficient.

“The damage caused to environment by poisonous gases and emissions, industrial effluents, urban sewage, garbage, plastic waste , explotation of natural resources  besides equally important factors like poverty and health hazards have acquired alarming proportions which cry for new environmental ethic, order and justice in India,” he added.

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