WHO IS TO BE BLAMED FOR INCREASE IN COURT CASES?

Just a couple of days back, the Supreme Court expressed its concern over people rushing to it with their pleas. The apex court’s concern is understandable. However, it is not right to blame the gullible citizens for such a worrisome situation.

Just as nobody goes to a doctor or police for the sake of fun, it is also true that no body approaches a court just to vile away time. To approach a judicial forum, indeed, costs a lot of time and money. It is the last resort for the helpless people to knock the doors of a court. To close the doors of a court on their face or to taunt them for approaching a court is not only their insult, but also negation of their Constitutional rights.

Therefore, instead of indulging in the blame game, it is necessary to have an impassionate look at the factors responsible for creating such a pitiable situation. The Constitution of India which aims at creating the Rule of Law in the multifaceted Indian society has done a precious little to achieve this high- sounding target. Despite undergoing over a hundred amendments, the Constitution still has to achieve the goal of Rule of Law in the country. The bigwigs with political, money and muscle power are able to dictate terms to the judiciary, including the highest court of the land. Succumbing to such pressures the Supreme Court had to open its gates after midnight on a couple of occasions in the recent past, not to do justice to any pious innocent saintly persons, but in a vain bid to save a condemned gangster and terrorist called, YakubMemon and others whose cause meant a little to the nation. The apex court recognised right to speedy justice under Article 21 of the Constitution is certainly not limited to a powerful few.

However, larger burden has to be shared by the Executive, that is, the respective governments of the states or the Centre. Turning a deaf ear to such grim situation where people are taken for a ride by the highly privileged class called, babus, certainly makes the government wholly accountable. To put it simply, the red-tapism prevailing in the government offices is the main cause for the disproportionate spurt in the court cases. Therefore, the need of the hour is to devise a Citizen Charter for each and every kind of petition or representation submitted to a government or semi-government office and determine a specific time limit for its disposal. Any violation of the time limit should be viewed seriously and the staff/ officer responsible for the same should be published severely. The shortage of staff or officers are the lame excuses. The government should recruit on a war footing additional personnel to resolve this issue.

Then, last but not the least, is the accountability of the parliament and legislatures. Many Bills are not able to see the light of the day because of several avoidable reasons. The most depreciable one is the unruly behaviour of the members of a house. The opposition members cannot have a licence to shout at the highest pitch of their voice, create hurdles in passing a Bill and at times, even indulge in physical assault on other members and still say that it is the responsibility of the treasury benches to maintain order in the house and see that the business is carried out smoothly. The Speaker/Chairman of a House of Representatives has under the rules of business ample powers to deal with any unruly behaviour of members. The people are aghast to see on televisions the helpless condition of the Speaker/Chairman in controlling the unruly, violent and unbecoming behaviour of members. Let Speaker/ Chairman know without any doubt that when he or she shows humbleness in behaviour and the uncontrollable horses do not heed, he should not hesitate to call the marshals and throw such wild horses out of the house, lock, stock and barrel. If he fails in his duties, he will be betraying the trust of the concerned house and thereby the whole nation.

TS REGISTERS FIRST CONVICTION UNDER POCSO ACT

In a first, the court set up under POCSO Act at Hyderabad convicted a person and his parents to 20-year imprisonment besides a fine and Rs5 lakh compensation to the minor wife. The court also imposed a fine on girl ‘s father. However, the mother of the minor girl was let off.

The incident of child marriage was reported by the Chatrinaka police station in the city in 2018. The girl,14 years then was married off to a relative who was of the age of 22 years. After marriage, much against the promise, she was not allowed to pursue her school education and was subjected to repeated sexual harassment and cruelty.

TN YOUTUBER HELD FOR REMARKS AGAINST CJI

Badri Seshadri, a publisher and right-wing political commentator was recently arrested by the Perambalur district police in Chennai on the alleged charges of making unsavoury comments against the Chief Justice of India over the violence in Manipur.

On July 29 the Kunnam police picked up the accused from his residence in Chennai. The action was in response to a complaint from an advocate, PKaviyarasu of Kunnam. The FIR registered by the police mentions three sections of the IPC, viz.153 (provocation with intent to cause riot), 153 A (promoting enmity between different groups) and 505 (1)(b) (intent to cause fear or alarm to the public). He was produced before the Konnum judicial magistrate who remanded to judicial custody till August 11.

NEW CJ FOR

TS HIGH COURT

Justice Alok Aradhe was sworn in as the Chief Justice of Telangana High Court on July 23 by the Governor at the Raj Bhavan in Hyderabad.

In Mumbai, Justice DK Upadhyay was administered the oath of office as the Chief Justice of Bombay High Court.

Recently, the Supreme Court ‘s Collegium has cleared the names of seven judges for appointment as the Chief Justice of seven High Courts.

LET FAMILY MATTERS BE DECIDED ON

WAR-FOOTING:

KARNATAKA HC

In a judgement which is bound to bring relief to thousands of estranged couples, the Karnataka High Court has held that in so far as family cases such as, divorce and other matrimonial disputes are concerned, let there be war footing efforts to hear and decide such cases.

Justice Krishna SDixit while dealing with a case filed by a Bengaluru resident, N Rajesh said that the petitioner had to knock the doors of the High Court for direction to the Family Court to hear and decide his case against the wife for dissolution/ nullity of marriage which has been pending in the Family Court since 2016.

The court lamented that in such a situation the life is lost in living. The court directed the Registrar General of the court to inform all concerned in the state the contents of the judgement.