Thursday, March 10, 2011

Courts in Uttar Pradesh To Clear Backlog Cases

With the Public Interest Guarantee Act implemented in the state under which the common man has been saved of running from pillar-to-post to get his ordinary work done, the Uttar Pradesh Ggovernment has made yet another decision to lessen people's sufferings. The impugned act would provide great relief to people and help in reducing the huge stockpile of cases pending in various courts. It would also provide relief to people, as they would no longer have to pay repeated visits to courts, and to get speedy justice as well.

Notification for Implementation
The state government has issued notification for implementation of the "morning evening court rules 2011." Under these rules, in addition to usual timings of courts, morning and evening courts would also be held.

Those working for these morning and evening courts would get an additional allowance equal to 25 percent of their actual pay. This way, UP has become the first state in north India where special courts would be held both in morning and evening. These courts would at present be held only at Gautam Budh Nagar, Rampur, and Gorakhpur. If the experiment proves successful, similar courts would be held in all districts.

Cases Relating to Serious Crimes
The federal government would bear all expenditure incurred on these courts. Uttar Pradesh high court and district judges would decide on the number of cases to be referred to these courts. These courts, however, would not hear cases relating to serious crimes and those pending for more than two years. Despite it, there is a huge stockpile of cases that would get referred to these courts. This would lessen the burden on usual courts.

The notification envisages that cases relating to challans under the Motor Vehicles Act 1988, traffic challans, cases of bounced checks under the Negotiable Instruments Act, cases coming under Section 25 of the Civil Procedure Rules, cases referred to these courts by mutual agreement between the complainant and the deponent, or such cases that get referred to by the chief justice of high court or other judges. Also, cases that invite a prison term for up to two years may also get referred to them.

Speedy Justice to People
We, in this country, talk a lot about reforms in the judicial system. Various departments and institutions also write and say a lot on the issue. Different governments have set up commissions and committees to look into and suggest reforms in the judicial system, so that people may get speedy justice.

Despite it, courts of law continue to be heavily burdened under the huge pile of pending cases, which has rendered getting justice to people a huge problem. First, procedures are so long and complex that even if courts hold speedy hearings, it becomes extremely difficult to impart justice in time. Second, the strength and number of courts is far less than required in view of the large number of cases. Third, a large number of posts of judges continue to lie vacant for some reason. Under such circumstances, even ordinary cases take an unusually long time to get decided.

In light of the aforementioned points, the notification issued by the Uttar Pradesh Government to hold courts both in morning and evening would definitely provide the much needed relief to people. Even family courts would be used to do the work, and high court would oversee the work of these courts. District judges, with the approval of the high court, may reschedule the timings of these courts. The high court would also decide on the number of cases to be heard by these courts, on daily or monthly basis.

Need To Carry Out Reforms
At present, such courts would function only up to 31 March 2015. Yet, their jurisdiction and term may get extended thereafter. One can therefore expect that such courts may also come into existence in other districts of the state.

Under the notification, only cases, minor or ordinary in nature, may get settled speedily but there is need to introduce a system in the country also. Also, there is need to carry out reforms in the judiciary to help people get speedy justice and to lessen the burden on courts. In this regard, the federal government, state legislature, and the apex court would have to play their respective roles.

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