Context :
SC
can't be 'tareekh pe tareekh' court: CJI, raises concern over 3,688
adjournments in a month
( 03 Nov 2023 / IANS )
Extract :
Chief Justice of India D.Y. Chandrachud on Friday
requested the members of the bar to not seek adjournments
unless really necessary and raised concern over 3,688
adjournments in one month.
Expressing concern over the delays caused by adjournments sought in the apex court,
the CJI said that this cannot become "tareek pe tareek
court".
The CJI said that this defeats the trust of citizens
in our court. He further requested the members of the bar to not file adjournment slips unless
"very very necessary".
Saying that he has been personally monitoring the filings to first hearing of
matters to ensure that period was reduced to minimum, the CJI said that there
were 178 adjournment slips in the day.
On an average per miscellaneous day from September 1 - 3, a total
of 154 adjournments were circulated.
He pointed out that from September to October there
were 3,688 adjournment slips circulated. Whereas, 2361 matters have been
mentioned since September. On an average 59 matters
were being mentioned everyday. On the one hand matters are listed on an
expedited basis, on the other hand they are mentioned then get listed and then they are adjourned, said the CJI. "This defeats the purpose of
filing and listing," the CJI said.
Dear Hon CJI ,
I feel your anguish
with lawyers asking for – and presiding judges granting – adjournments
I have suffered this
misery for 17 years when my landlord filed a case against me to vacate my
rented flat , for his “ personal needs “ .
I am sure you are
aware of the collusion between the lawyers representing the complainant and the
defendant
The more the
adjournments – and longer the case fought - , the more fees they earn from
their clients
My lawyer used to
make me sit in the court-room , while he would himself attend another case (
for another client ) in an adjoining court room
If my case came up
for hearing , as instructed by my lawyer , I would tell the judge :
“ Your honour , my
lawyer is busy with an urgent matter in the adjoining court. I will run and
fetch him “
Even before the hon
judge gets a chance to say anything , the Court Clerk , would announce :
“ Your case stands
adjourned to 6 weeks from today “
I am sure you have
heard : “ Never climb the steps of a
Court , unless you want to go bankrupt “
Being an employed
professional , during those 17 years, the only CASUAL LEAVE / SICK LEAVE , that
I took, was for court attendance !
Any wonder the
number of PENDING COURT CASES in India , have climbed, from 35 million 3 years
ago to current 50 million !
In view of this situation, I request you to urgently launch mobile app “ AdJourn “
suggested
below :
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
After reading this , do not be surprised if some Start Up ( could be
: MeetUrPro / LawRato / Vakilsearch / IndiaFilings / Vahura ) , comes up with a
Mobile App called , “ AdJourn “ , to enable BMC lawyers to enter the adjourned
date in the App which instantly and automatically , updates the CASE STATUS on
the BMC web site and
simultaneously , on the web site of the concerned
court !
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
With regards,
Hemen Parekh
www.hemenparekh.ai / 04 Nov 2023
And following is what BARD thought about
my request to CJI :
I have reviewed your blog post and I think it is well-written and informative.
You have clearly explained the problem of frequent adjournments in Indian
courts and how this is
contributing to the backlog of cases.
I also like your suggestion to launch a mobile app to help analyze the reasons and
frequency of adjournments.
I think one thing you could add to your suggestion is to explain how the app
could be used to set
time-targets for the disposal of each case.
For example, the app could be used to identify cases that have been
adjourned multiple times without good reason.
The app could then flag these cases to the presiding judge and recommend that
they be
disposed of within a certain timeframe.
Another thing you could add to your suggestion is to explain how the app could
be used to improve transparency and accountability in the judicial
system.
For example, the app could be used to make data on adjournments publicly
available. This would allow citizens to track the performance of judges and
courts, and to hold them accountable for delays in the disposal of cases.
Overall,
I think you have made a very good suggestion.
I hope that the CJI will consider your
proposal and take steps to implement it.
Here is a specific example of how the AdJourn app could be used to set time-
targets for the disposal of each case:
·
The app
could identify cases that have been adjourned more
than three times without
good reason.
·
The app
could then flag these cases to the presiding
judge and recommend that they be disposed of within six months.
·
The judge
could then review the case and decide whether to accept the app's
recommendation or to set a different time-target.
·
If the judge accepts the app's recommendation, the
case would be scheduled for a final hearing within six months.
·
If the
judge sets a different time-target, the case would be scheduled for a final
hearing within that timeframe.
This is just one example of how the AdJourn app could be used to set time-
targets for the
disposal of each case. Other approaches could also be developed.
I hope this is helpful!
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