Thank You, Shri Barun Mitraji
[ Secretary- Justice / secy-jus@gov.in ]
What For ?
For alerting Judges re too many adjournments granted
Where did you read this ?
Judges to get alerts for repeated adjournments / TOI / 15 Aug 2021
Extract :
Ø As part of “ease of doing business” reforms in the justice delivery system, for the first time judges will receive Green, Orange and Red indicators depending on the number of adjournments given in a case
Ø
Ø Beginning with commercial courts, the government has introduced a special feature in the software that runs the Case Management System of courts across India
Ø
Ø The addition rolled out by the Law Ministry recently, will track judges and automatically generate an alert when the “ three adjournment rule “ is breached
Ø GREEN light :
# will indicate the case is listed at the same stage for less than 3 times
Ø ORANGE light :
# will mean the case is listed between 3 & 6 times
Ø RED light :
# will indicate listing has exceeded 6 times
Ø Over 1 Lakh cases have been pending for more than 30 years. The total case pendency in subordinate courts reached 3.94 Crore on Friday
Ø A study by Niti Aayog in 2018 had estimated that a backlog of 2.9 crore cases ( at that time ), would take 324 years to clear at the current rate of disposal
Ø
Ø The CPC and CrPC ( Code of Criminal Procedure ) mandates no judge can give repeated adjournments unless extremely unavoidable
Ø In cases where more than three adjournments are given, a judge has to record the reasons for the same
Ø
MY TAKE :
Some 4 years ago, I sent following E-Mail :
Ø An App called “ AdJourn “ …………………………………. [ 19 Aug 2017 ]
Extract :
Based on statistics for the past 10 years, BMC should compute, a FREQUENCY DISTRIBUTION CURVE ( a BELL shaped curve ), for the “ No of Hearing Dates “ and calculate the STANDARD DEVIATION ( Sigma ) and calculate ( + / - ) 3 SIGMA limits
That would tell the BMC, “ Most likely Number of Hearing Dates “ for any given case
Now tell the Counsel :
Sir, this is the Upper Limit of the amount that we will pay you ( Rs 100,000 ) for fighting this case
But, from 10th “ date “ onwards, we will start deducting, Rs 5,000 per each additional hearing , beyond 10th ( - a PENALTY ),
And ,
For each date less than 10 , we will pay you a BONUS of Rs 5,000 !
And , we will DOUBLE the BONUS amount so arrived , if you WIN the case !
Next witness a miracle !
All cases will start getting completed in 5 hearings ! May be in months , instead of in years !
I have a feeling that, overall, BMC will save crores of rupees ( despite paying BONUSES to lawyers ), since it would save a huge amount of TIME that its officers are currently spending in courts ( - and earning TA / DA ! )
After reading this , do not be surprised if some Start Up ( could be : MeetUrPro / LawRato / Vakil
Call this , “ Transparency at its Best “ ( - also to judge the performance of the JUDGE ! )
With more than 30 million cases pending in Courts all over India ,” AdJourn “ could change the very landscape of India’s Legal Management System , if adopted by all the Courts !
Now, I have no idea whether BMC implemented my suggestion or not but it seems the Central Government has gone ahead and done so ( at least partially )
The above-mentioned news report also adds :
“ The government move is aimed at increasing accountability and professionalism in justice dispensation as the record of adjournments will be taken into account during PERFORMANCE EVALUATION and ELAVATION of a judge to superior courts “
With regards,
Hemen Parekh / hcp@RecruitGuru.com / 16 Aug 2021
Related Readings :
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