'Blame the men in black, not us'

A section of judicial officers says it is unfair to blame judges for delays in hearing and disposing of cases. Instead, it is the lawyers who have to share the blame for the delay in hearing of cases as they often come up with compelling reasons for not being able to appear in court.

Published: 08th July 2013 10:22 AM  |   Last Updated: 08th July 2013 10:22 AM   |  A+A-

A section of judicial officers says it is unfair to blame judges for delays in hearing and disposing of cases. Instead, it is the lawyers who have to share the blame for the delay in hearing of cases as they often come up with compelling reasons for not being able to appear in court.

“When advocates give reasons like the death of a relative or medical emergency to seek adjournments, we can’t verify the claim. As a human being, we have to trust them and show some sympathy,” says a judicial officer. “One of the most frequent reasons cited by advocates is that they are yet to study documents before they could examine the witness. If we do not give them time, they could imply the trial is not fair. So every judge, who wants to give a fair chance to both sides, would give adequate time for counsels to study their case,” says a trial court judge. Another factor contributing to delay in justice is court boycotts by lawyers.

“If counsels of both parties are absent, there is little meaning in conducting the hearing. A judge has powers to himself dispense with the witnesses. But the ultimate sufferer would be the litigants. So we abstain from doing so,” says a judge.

A major worry for judicial officers is that some advocates often brand as “unfriendly” judges who strictly enforce the provisions of CrPc that seeks speedy disposal of cases. Such judges often have to face the wrath of court boycotts, which would ultimately result in his/her transfer.

Former judges say better interaction between judges and the local bar association is the only solution. “In the meetings between the bar and judges, ways to avoid adjournments must be discussed,” says A Noor Ahmed, a retired district judge.



Comments

Disclaimer : We respect your thoughts and views! But we need to be judicious while moderating your comments. All the comments will be moderated by the newindianexpress.com editorial. Abstain from posting comments that are obscene, defamatory or inflammatory, and do not indulge in personal attacks. Try to avoid outside hyperlinks inside the comment. Help us delete comments that do not follow these guidelines.

The views expressed in comments published on newindianexpress.com are those of the comment writers alone. They do not represent the views or opinions of newindianexpress.com or its staff, nor do they represent the views or opinions of The New Indian Express Group, or any entity of, or affiliated with, The New Indian Express Group. newindianexpress.com reserves the right to take any or all comments down at any time.

flipboard facebook twitter whatsapp