oppn parties Backlog and Tarikh Pe Tarikh

News Snippets

  • Centre asks states to give shelter and food to migrant workers to stop them from taking to the streets
  • RBI cuts repo rate by 75 bps, the steepest in 10 years
  • Centre writes to states regarding laxity in monitoring people who had arrived from abroad between January and March
  • Kerala reports a spurt in new cases
  • With 124 fresh cases on Friday, the number of reported cases in India stand at 854
  • Five of a family, including a 9-month-old-baby test positive for Covid-19 in Nadia district in West Bengal on Friday
  • The Pakistani army is reportedly forcibly moving all Covid-19 patients to PoK and Gilgit
  • Untimely azaans in J&K mosques spark panic gathering
  • Stocks rise - Sensex up by 1400 points and Nifty goes above the 8600 mark
  • Rahul Gandhi says the economic package is "the first step in the right direction"
  • The government announces wide-ranging measures to help the poor overcome the economic hardship caused by Covid-19
  • G20 leaders to hold a virtual meeting today to explore ways of fighting Covid-19 in a coordinated manner
  • The Delhi government orders testing of all medical staff after the positive test on a Delhi mohalla clinic doctor
  • As a fallout of a Delhi mohalla clinic doctor testing positive for Covid-19, 900 people in the chain quarantined
  • China offers help to India in the fight against Covid-19 and says India will win the battle at an early date
Death toll reaches 27 as Covid-19 cases across India reach 974 on Saturday
oppn parties
Backlog and Tarikh Pe Tarikh

By Sunil Garodia
First publised on 2016-04-27 15:12:00

About the Author

Sunil Garodia Editor-in-Chief of indiacommentary.com. Current Affairs analyst and political commentator. Writes for a number of publications.
Once, a successful lower court lawyer handed one of his cases to his son who had recently joined the bar. A few weeks later, the young man came home with a box of sweets, reverently touched his parents’ feet and proudly told his father that he had won the case. His father was most distressed. “What have you done”, he wailed, “I paid your law school fees from the fee I used to get every month from the case and you killed the milch cow.”

Although this is just a joke, it highlights much that is wrong with the Indian judicial system. The debate currently is focusing on vacancy of judges, too many holidays in courts and unnecessary cases, but the fact remains that procedural cobwebs that allow lawyers to prolong cases by raising specious objections is also one of the major reasons why the system is groaning under the weight of millions of never ending cases. “Tarikh pe tarikh,” Sunny Deol had dramatically proclaimed in the Hindi film Damini, is what was preventing justice from being done and he was not far from the truth.

A beginning has been made to remove the cobwebs in the Commercial Courts Act that has prescribed for most procedural matters to be settled in advocates’ chambers and the case to come up for hearing in a readymade way, so to say. This is what is needed at lower level and in other matters too. It is most distressing and unfair for a petitioner to find that he has to pay his lawyers’ fee even if no hearing took place. The case drags on for no fault of his, and the lawyer keeps telling him it is good. In eviction cases, lawyers tell clients upfront that they can sit tight for 10 years as he will keep the landlord entangled in procedure and would not allow the main issue to be raised. Cutting unnecessary procedures should be the first step if justice is to be speedily delivered. Without that, even fast track courts seem outdated.