SCBA Chief Kapil Sibal points out deplorable working conditions in district courts
Sibal said the list at the district court level is overloaded. | Photo: PTI
Kapil Sibal, Rajya Sabha MP and senior advocate, on Saturday highlighted the miserable conditions under which district court judges work. He said that unless their salaries and infrastructure are improved, the quantity and quality of justice delivery will continue to suffer.
Sibal, who is also the president of the Supreme Court Bar Association, said the fact that trial courts, district and sessions courts are reluctant to grant bail in certain important cases is itself “symptomatic of the malaise” that has developed.
Addressing the ‘National Conference of District Judiciaries’, inaugurated by Prime Minister Narendra Modi, Sibal said freedom is the foundation of a thriving democracy and any attempt to suppress this freedom diminishes the quality of democracy.
He referred to Chief Justice of India DY Chandrachud, who often said that the highest courts deal with bail cases because bail in courts seems to be an exception.
He spoke about a number of recent judicial decisions which upheld the principle of ‘bail is the rule and imprisonment the exception’. He said that the Supreme Court has now reiterated this principle in several recent decisions, even in relation to special laws, indicating that this axiom must be adhered to.
“The reason why I have highlighted this issue is that the democratic fabric of a nation depends on the court embracing the meaning of freedom in the context of our polity. Freedom is the fundamental substrate of a thriving democracy. Any attempt to suppress it affects the quality of our democracy,” Sibal said.
Regarding the situation at the district courts, Sibal said any structure with weak foundation will deteriorate the building and eventually collapse.
He said talented youngsters are choosing not to seek appointments to the district courts because of the “appalling conditions” under which the judges have to work.
Many judges, through their hard work and dedication to the cause, are rendering a great service to the nation, even though they are “handicapped by the lack of decent courtrooms and office facilities, supporting staff such as stenographers, library facilities at home, suitable living accommodation and necessary transportation facilities,” he said.
“It is needless to say that those who serve the cause of the nation are paid a meagre salary to perform their duties. If we cannot improve their working conditions, both in terms of salary and infrastructure, the quantity and quality of the justice system will suffer,” he stressed.
He listed, among others, the retirement of judicial officers, their promotions, gender awareness, technology and incentives to join the judiciary as some of the issues that need to be addressed.
Sibal said he does not want to call the judiciary at the level of the high court, district courts and sessions courts ‘subordinate’ because the judge sitting there dispenses justice and the question of whether someone is subordinate to any authority is a contradiction.
“The judiciary at that level must have confidence that their judicial decisions will never be used against them and that they are the backbone of the justice system.
“They should have the flexibility and independence to render judgments in accordance with the law, without fear or favour. The effectiveness, fairness and integrity of the courts affect the public perception of the credibility of the entire justice system,” he added.
Sibal said the list at the district court level is “overloaded” which is not only affecting the justice system but also the lives of millions. The courts cannot even imagine the mental agony and economic fallout of such delays, he said.
“I urge everyone on the dais to urgently address the persistent challenges faced by judges of the courts of first instance, district courts and sessions courts, who are the backbone of our justice system. It is time we make our justice system more efficient, stronger and more viable,” he said.
Addressing the gathering, Attorney General for India R Venkataramani said there is a need for a national commission for capacity building of district judiciary as the Supreme Court has long been involved in addressing the concerns of district judiciary.
It is time for this to be institutionalised with the participation of the government and the courts, he said.
“I would also like to point out that the growing demand for the enforcement of rights and the expansion of our rights horizons have presented new challenges at all levels. Even if criticism is necessary, I would like to say that there can be no excessive and unjustified demands that put pressure on the administration and create rifts. Rhetoric and responsibilities do not go together,” the top law officer said.
He added that the dharma of sharing social goals, social welfare and responsibility is an often misunderstood topic.
“We are therefore all called upon to be positive contributors and not critics from behind our desks. We must be explorers and not shipbreakers,” he said.
Bar Council of India President Manan Kumar Mishra said that the judiciary should be the best and most prestigious services compared to all other services and it enjoys the deepest trust and respect from the citizens.
Referring to the recent rape and murder case of a Kolkata doctor, he said the intervention of the CJI and the Supreme Court is a stark reminder to the judiciary that it wants to uphold the law and ensure that the state is held accountable for its wilful failure to address the situation.
(Only the headline and image of this report may have been edited by Business Standard staff; the rest of the content is auto-generated from a syndicated feed.)
First publication: Aug 31, 2024 | 4:43 PM IST