oppn parties Backlog and Tarikh Pe Tarikh

News Snippets

  • Supreme Court holds hotels liable for theft of vehicle from their parking area if parked by valet, says "owner's risk" clause is not a shield from such liability
  • Finance Minister says she is receiving feedback from many sectors that recovery is happening as there is lower stress
  • Sabarimala temple opens, but police bar the entry of women below 50 years
  • Finance Minister Nirmala Sitharaman says Air India and BPCL to be sold off by March
  • Media person Rajat Sharma resigns as DDCA president
  • Shiv Sena, NCP and Congress postpone meeting the governor of Maharashtra
  • Shiv Sena not to attend the NDA meeting on 17th November, says break up "a formality"
  • Shiv Sena says that the confidence the BJP is showing about forming the government in Maharashtra is based purely on its expectation of getting numbers through horse trading
  • Anil Ambani resigns as director of the bankrupt Reliance Communications
  • India beat Bangladesh by an innings and 150 rums inside three days in the first Test. Indian pacers excel after Mayank Agarwal's double century
  • Sena-NCP-Congress work out a common minimum programme, will form the government soon and it will last 5 years, says Sharad Pawar
  • Income Tax Appellate Tribunal upholds the decision to withdraw the charitable status of Young India, making it liable to pay Rs 145 in income tax. Rahul Gandhi and Priyanka Vadra are the majority shareholders in the company
  • CBI raids offices of Amnesty International across India
  • Supreme Court quashes NCLAT order against Arcelor Mittal and paves the way for the company to take over ailing Essar Steel
  • Finance Minister Nirmala Sitharaman says concerns of telcos will be addressed and no company will close down
Supreme Court dismisses plea for review in Rafale case, says no need for roving inquiry, maintains clean chit to government
oppn parties
Backlog and Tarikh Pe Tarikh

By Sunil Garodia

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.