This saying might have
originated in Britain but it seems Chinese are taking it seriously
And the Chinese do not need
to debate issues endlessly without reaching any conclusion
They like to move at the
WARP speed
Here is the latest example
:
Highlights :
·
An internet-based court that runs 24/7
·
internet-related cases will be tried online
·
Courts will stay open perpetually and plaintiffs can file
cases anytime.
·
People can "file a case online instead of going to the
court with paper-based material
·
a new model of social governance system
·
Citizens can log onto the litigation service platform to
file cases
·
Cases would be heard online through video-call
·
12,000 cases were heard and 10,600 were closed during the
past year
But , closer at home , it is a very different
story , as following news suggests :
Highlights :
·
The lower court judge in Hazaribagh put the accused
on trial by pronouncing the order framing the charges against them
through a WhatsApp call
·
A bench comprising Justices
S A Bobde and
L N Rao , said :
“ We are here on the
way of trial being conducted through WhatsApp . This cannot be done . What kind
of a trial is this ? Is this a kind of joke ?
·
Senior advocate Vivek Tankha said :
“ The trial was
directed to be conducted through video-conferencing …. Video-conferencing
connectivity was most of the times very low in Bhopal and Hazaribagh district
courts and the April 19 order was pronounced by the trial judge through
WhatsApp call “
Apparently , we in India , are stickler for “ following established procedures “ , no matter how much justice gets delayed !
We like to tell our
subordinates :
“ Don’t stick out your
neck . It will get chopped off, unceremoniously “
We believe in , “ The
operation was successful ; it does not matter that the patient died “
How else can we explain
the following ?
·
There are 2,76,74,499 cases pending in
district and subordinate courts of country
·
Sanctioned strength of these courts is 22,444 [ in
June 2018 ]
·
As against this, total working strength is 17,221
judges ( shortfall of 5223 )
Source :
MY TAKE :
If we want to reduce the
average “case disposal time “ from 6 YEARS to 6 MONTHS , we must do better than
the Chinese – as follows :
·
Launch online portal……..www.OnlineJustice.gov.in
…..having
following features / pages / User Interfaces :
# Who
can register a litigation and how ( detailed form to be filled in )
# What kind of complaints can be filed ( Eg;
property / divorce / fraud / loans etc )
# Time frame of hearings ( based on backlog at
that point )
# Search / Selection of “ empanelled lawyers “
( with their fees tariff )
# Method of conducting “ Online Trial “ (
Audio – Video Conference calls )
# Online
payment of Court Fees / Lawyer’s fees
# Who
can “ watch “ the online trial and how ( Video broadcast ) and when
# Progress Chart as trial proceeds / Upload –
Download of documents
# Court Room allotted ( by software ) to each
litigation
Not being limited by any “ Physical
Constraints “ , it will be possible ( for the
software ), to open as many “ Virtual / Online
“ Court Rooms as required
Only limitation will be the Number of
available Judges at any given time
Let
none have doubts about the ability of our Start Ups to design / develop and launch
such a portal within 6 months , whose “ Conceptual Frame Work “ could resemble
,
And as far as finding 10,000 Judges to
conduct “ Online Trials “ from the comfort of
their homes ( and without imposing any “
Infrastructure Burden “ on the State –
except providing them with a fast
broadband connection ) , I suggest that we rope in
retired judges on a “ Per Case Retainer “
basis ( paid into their Jan Dhan accounts )
There must be a “ Bonus cum Penalty “ formula
to govern the payments to the Judges ,
depending upon the “ Actual Time “ taken to
dispose off a given case as against the “
Target Time “ ( to be computed by
Artificial Intelligent Software , based on historical
data being continuously compiled for all the
cases , once the portal gets launched )
I urge Chief Justice Hon Deepak Misraji to
treat this email as a PIL and “ direct “ the
NDA
government to initiate action on this suggestion ( I cannot afford a lawyer ! )
Your " Activism " in this matter will go a long way to restore the faith of the ordinary citizens in the judiciary !
13 Sept
2018
www.hemenparekh.in / blogs
13 Sept
2018
www.hemenparekh.in /
blogs
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