ON THE LEGAL LOGJAM

“Over 2000 posts of judges are vacant in the high courts and subordinate courts…these must be filled promptly to reduce pendency of cases…Cases which did not involve a law point should be disposed of through arbitration and reconciliation…The abysmally low percentage of conviction, about 10 per cent, is a matter of concern. It only indicates that either 90 per cent of the cases registered are false or the criminals are going scot-free because of in proper investigation and prosecution...”

 

ON OUR LEGAL DHARMA
“Ours is an ancient nation and nobody can, with certainty, predict as to when our national life started. But a unique feature of this ancient society has been a gift of our forefathers, namely the concept of 'Dharma'. There is no equivalent word in English or other languages. This is a sole and exclusive concept of the thinkers of our society. Many times it is being equated to Code of Conduct. Some equate it to law. But I feel this word 'Dharma' has a much wider concept. I would rather venture to say that Dharma may mean the limits within which the life of an individual or a body of persons has to be lived in all its aspects, which will promote not only the individual's welfare, but also that of a bigger group that he belongs to. Our forefathers in their wisdom had laid down Dharma for individuals as well as for groups for a limited time or for eternity. There is a 'Vyakthi Dharma' which governs an individual, as ultimately a society consists of only individuals. But that individual also belongs to a family or a community. So there is 'Kula Dharma'. When individuals live in a particular area of his country, that is called 'Pradesh Dharma'. That individual lives in a particular period of time and hence there is a 'Kaala Dharma'. He belongs to a professional group or a trade group and for that there is 'Shreni Dharma'. He also belongs to a nation as such and hence, he has 'Rashtra Dharma'. When he enters the married life, there is 'Grihastha Dharma'. If he takes to sanyas, there is `Sanyas Dharma'. He belongs not only to the nation but also to the entire human society where he is governed by 'Maanav Dharma' and above all there are certain Dharmas which remain immutable by time and to be observed at all times and for all times, that is called 'Sanathan Dharma'. All these are arranged in such a way that one does not come in conflict with the other, but each is in harmony with the other. If at all there is a conflict, then a wider Dharma takes precedence.

 

It is in this manner the modern law also must take a cue from this ancient concept of ours. There are various laws applicable to various groups. The laws must promote the interests and advancement of the group, but should never come in the way or jeopardize the interests of similar groups or of a greater group of which it is a part. Industry, commerce and trade must have their own laws and these are intended or should intend to promote the growth of these sectors. But then care will have to be taken to see that these laws, which promote the interests and advancement of these groups do not come in conflict with the laws intended for promotion of good and advancement of other groups in the society or the society as a whole. Group interest must yield to the interest of the nation as a whole.”

 

 ON HOW TECHNOLOGY CAN HELP THE COURTS

“Application of information technology to the courts can improve the productivity in many ways. The process started way back in the nineties and has led to computerization of the Supreme Court. The computerization undertaken, like bunching of cases, making available the cause list on-line, have yielded rich dividends and the process is being carried to the other courts as well. But what has been done so far is only the beginning. Information technology holds a great potential to solve the problem of judicial arrears in a big way. At present there is no data readily available which gives the Chief Justices a complete picture of the type of cases pending before the Subordinate Courts. Details like the number of cases filed daily, the section of the Act under which the cause of action is invoked, the advocates appearing for the parties, whether the case is a criminal or a civil case etc., are not available readily. Entering such details at the point of institution of every case will yield a rich judicial database, which can be used to analyse the vexed problem of arrears in the judiciary. In fact in United Kingdom the Lord Chancellor's Department publishes the Judicial Statistics Annual Report, which describes in detail the criminal and civil business of the courts in England and Wales. The Report also provides a commentary on the trends revealed by statistics. We stand to benefit if we can emulate the example of United Kingdom in this regard. Designing a judicial database is urgently required in our country. Since computer data will be instantly available by the click of the button, not only the Chief Justices will be able to exercise supervision over the courts subordinate to them. But it will also facilitate the Government and the legislators know the problems of how the existing laws are functioning as well as how to remedy any defects in such laws. Availability of such empirical data about the litigation process will be a boon to legal researchers and law reform agencies. To begin with electronic filing of documents including plaints and FIR must be encouraged. Govt. has introduced information technology in the High courts of four metropolitan cities.  On the basis of experience gathered we can go in for it in all its levels.”

 

 ON COURT FLOW MANAGEMENT

“Management of Courts is assuming great importance in the U.S. In the U.S. several institutes of Court Management have been set up with the help of the federal and state judiciary where judges are trained with a view to improve the administration of justice through the application of modern management techniques. One such institute is in the National Center for State Courts/Institute for Court Management, Williamsburg, Virginia. Judges and administrators now know that justice is enhanced when a court supervises case progress from the time of filing, sets meaningful events and deadlines throughout the life of the case and provides credible trial and hearing dates. By adopting the principles and techniques of effective case flow management, courts throughout the country have dramatically reduced backlogs and time to disposition. Case flow management system that ensures timely and just dispositions for all cases.”

 

ON THE NEED FOR AMMENDING THE INDIAN EVIDENCE BILL

“When a victim is raped, she is in a trauma. She feels utterly humiliated. In the cross-examination, the counsel starts putting questions with regard to her personal character prior to this rape event. The question is not about the character of the woman but the question is about the act of the accused. I cannot understand what right the accused could have to question the very character of the woman whom he has raped. There is another anomaly in the Evidence Act. Under the Evidence Act, it is prohibited to question whether he was a man of a dubious character or what his conduct was prior to committing a particular crime. On the other hand, the very same Evidence Act says that when a woman is raped and she stands as a prosecutrix, her character prior to the act of rape is questionable. So, we must move an amendment to see that the victim of the rape is saved from this humiliation. I would like to say that even if a woman is of a questionable character can she be taken for granted by the accused person?”

 

ON HOW TO REDUCE TAX LITIGATION

“Computerization of records, bunching of appeals, immediate disposal of matters covered by the decisions of the Supreme Court and High Courts, granting of single member powers to more members and a thinking in the I-T Department not to file appeals to the tribunal on small matters would further reduce pendency of cases and help expedite disposal of cases by Income Tax Appellate Tribunal.”

 

ON ENCOURAGING LEGAL EXCELLENCE
“The Government of India must institute a ‘National Awards for Members of the Bar’. The Awardees should ideally be feted every year on the National Law Day.”