People's Democracy

‘Ensure Justice For All’ 

Buddhadeb’s Speech At CMs & CJs Conference  

The following are excerpts of the speech delivered by Bengal chief minister Buddhadeb Bhattacharjee at the conference of chief ministers of states and chief justices of High Courts held in New Delhi on April 8, 2007.  

It gives me great pleasure to be here at the conference of chief ministers and chief justices of High Courts and to share my views with you.   

It is true that the democratic system in our country has evolved over the last 60 years in conformity with the values and objectives enshrined in our Constitution. But some of the important objectives of the Constitution of India are yet to be achieved. I am confident that the three organs of our democratic system i.e. the executive, the judiciary and the legislature will continue to discharge their responsibilities to achieve all the cherished objectives.

INFRASTRUCTURE OF SUBORDINATE COURTS  

The issue of growing demand for the improvement of infrastructural facilities of the civil and criminal courts in the country needs to be urgently addressed. In the state of West Bengal, at present, there are about 800 civil and criminal courts and proposals are there for establishing 200 more magisterial courts for the implementation of the Domestic Violence Act. Besides these proposals, 300 to 400 more courts in the 3-tier system will have to be set up to clear a large number of pending cases. The resources of the state are limited, yet we have to meet this growing demand. So we need liberal assistance from the centre. We hope and trust that such assistance will be available to implement the ongoing schemes and to set up new courts in the state. 

REDUCTION OF ARREARS  

The reduction of pending civil and criminal cases has received the due attention of our government. For the speedy disposal of sessions cases, we have set up 151 Fast Track Courts at the level of District Judges. A proposal for increasing judges’ strength at High Court from 50 to 58 is now under the consideration of our government. But several other steps are needed for reducing pending cases in the courts of Civil Judges and Judicial Magistrates by establishing new courts and also by simplifying the procedural law for the summary trial of insignificant civil disputes and of certain cases involving minor punishment. Another issue that merits consideration is whether there is any need for reducing the number of holidays in courts at all levels. 

INTRODUCTION OF SHIFT SYSTEM IN SUBORDINATE COURTS   

To reduce the number of pending cases there is a proposal for holding more than one shift in courts. The present infrastructure may be profitably utilised to increase output within a short time. But the shift system has some problems concerning the security of all witnesses, the availability of court officials and the convenience of learned advocates. The demand for evening courts is opposed by the state Bar Council.  

ALTERNATIVE DISPUTE REDRESSAL MECHANISM  

The state government is in favour of alternative dispute redressal mechanism down to grassroots level within the ambit of the constitutional and statutory provisions. Our state Legal Services Authority is empowered to implement the scheme at the district and sub-divisional levels by holding counselling camps, regular Lok Adalats, etc. I would like to stress that the provision of Article 323A of the Constitution regarding the establishment of tribunals requires a fresh look. We feel it necessary that Clause 2 of Article 323B should include other subjects like education since a large number of education related cases are pending in the higher courts. We also feel that there is scope for having a fresh look at the power of judicial review over the decision of the tribunals, because entrusting such cases to High Courts will lead to multiplicity of proceedings. It would be enough if High Courts exercise jurisdiction under Article 227 of the Constitution. The cumbersome and time-consuming process for selection of chairpersons and other judicial members needs to be simplified suitably. I am informed that that central government is considering the introduction of Gram Nyayalayas Bill for bringing justice to the doorstep of the poor and the disadvantaged people. The state government supports such a move provided 100 per cent central assistance is ensured.  

FAST TRACK COURTS  

For the speedy disposal of huge pending cases we have so far established 151 Fast Track Courts at the level of District Judges. But, establishing the Fast Track Courts alone cannot solve the problem overnight. It requires further follow-up action through equal distribution of cases as far as practicable to all these Courts. For example, in our state, particularly in Kolkata, about 100 session cases are pending in 8 Fast Track Courts, the retention of which is no more justified. We also require such Fast Track Courts at magisterial level with the full financial assistance of the central government.  

MODERNISATION OF COURTS  

It goes without saying that unless the courts are modernised it would be difficult for the states to ensure speedy and fair justice to the public. The introduction of IT in the court administration is urgently necessary. The courts should also be equipped with modern facilities. Video recording of evidences with its simultaneous transcription will help ease the procedural delay in trials. The Calcutta High Court, City Civil Courts and the Courts of Metropolitan Magistrates in Kolkata have already been provided with computerised infrastructure. A scheme has also been formulated for computerising all the courts at district and sun-divisional levels, and for this, sufficient fund has been sanctioned by the state government to provide additional accommodation with the commitment to bear annual maintenance charges. It is also suggested that Zonal Forensic Laboratories with scientists drawn from colleges and universities on contract basis may be utilised for quick preparation of forensic reports which are essential for the speedy completion of investigation. We have also set up facilities for the production of the accused through video linkage before courts particularly in Kolkata and South 24-Parganas districts with 7 courts and 2 correctional homes by suitable amendments to the Criminal Procedure Code. In our second phase we have proposed to extend such facilities to 10 sub-divisions where there are no correctional homes.  

I am happy to have this opportunity to place my views on some important issues that call for deliberations at such a forum. Through discussions we can reach a consensus on every issue for the welfare of our people. The proceedings of the meeting, I am confident, will cover the views of all concerned adequately and objectively. It is our collective duty to strengthen the national fabric and to consolidate the federal structure. What is imperative is to ensure justice for all sections of our people since ours is a democratic polity governed by the rule of law. Before I conclude, I express my heartfelt thanks to all of you for giving me a patient hearing.