Press Release Statement of NLC after meeting Chief Justice of Bombay High Court: Hon’ble Justice Shri Dipankar Datta on 15th June 2022

Press Release Statement of NLC after meeting Chief Justice of Bombay High Court: Hon’ble Justice Shri Dipankar Datta on 15th June 2022

Mathews J Nedumpara

16.6.2022

Press Release

The office bearers of the NLC had a meaningful discussion with the Hon’ble the Chief Justice of the High Court of Judicature at Bombay on the emergent reforms which are long overdue to make our justice delivery system achieve its objectives, namely, deliverance of just, expeditious and affordable justice.

There is a near unanimity on the reasons for the current shortcomings, the reasons for the same and even on the some of the remedies. It cannot be that two minds could entirely agree on every aspect and there were certainly differences. The meeting gave us an occasion to better understand the limitations which the Hon’ble CJ faces in his pursuit for deliverance of just, fair and expeditious justice.

Abolition of the High court being divided into two  institutions, the Appellate side and the original

There can hardly be any dispute from an objective point of view that the single hurdle in improving the system is the vertical division of  the HC into two divisions. The current system favours a minuscule of elite south Bombay lawyers. Since the abolition would affect their revenue, vested interests, they will continue to oppose the unification. Though a minority, the elite bar literally controls the affairs. It is their voice that is projected in the media as the voice of the legal fraternity. Further, the change can be brought only by way of a legislation. This limitation is a disadvantage which can be converted into an advantage, provided that the overwhelming majority of the bar raise their voice for one High Court, one registry, one bar and one causelist. The next step in that direction is to mop up the support of the executive and the legislature.

Non-listing of cases, discharging of the board and cases which are listed not been taken up for months and years

The major handicap is the large number of vacancies and the solution is to continue to put pressure on the authorities concerned for expeditious appointment. Revival of the NJAC and open, competitive selection by inviting applications is the solution for which we need to campaign on a war footing, marshalling all our resources.

Abolition of division benches to hear petitions under Art. 226 and for an intra court appeal as is the case with most of the HCs

Here too, legislation is required. It is heartening that the Hon’ble CJ was in complete agreement with us on this count.

Difficulties faced by junior advocates and clerks in filing, curing of defects, nay, abolition of the practice of raising hyper technical objections

The Hon’ble CJ was sympathetic to the difficulties faced by the lawyers and advised us to meet the officials of the Registry concerned so that he could look into the matter.

Illtreatment of lawyers and litigants

The discussion with the Hon’ble CJ was nothing a reconfirmation of our longstanding demand for a statutory mechanism which could examine the complaints against judges without least affecting the concept of absolute independence which a judge needs in the impartial and just  discharge of his duty.

The Judicial Accountability Bill is the need of the hour and we need to pursue it vigourously.

Complaints concerning Lower judiciary, particularly, the difficulties faced by litigants and clerks in even entry to the court, filing of cases, bringing up and questionable conduct of judicial officers, illtreatment of lawyers and even corruption

The Chief Justice is mindful of the problems with lower judiciary. Great effort is made to train them so they could discharge their duty better. Every district is under the control of a Senior judge who acts as Guardian judge. We were advised to take up the specific issues with the guardian judge concerned.

The struggle which junior lawyers face for existence, many young lawyers, leaving the profession, the need to promote them, issues of chambers for lawyers, etc. are issues by its very nature we could not discuss with any amount of precision.

President, NLC