oppn parties Backlog and Tarikh Pe Tarikh

News Snippets

  • Amit Shah says the government will identify and deport illegal immigrants from all parts of the country
  • Reports from Pakistan confirm that Hafiz Saeed has been arrested and sent to jail
  • After the SC order, Karnataka Speaker says he will go by the Constitution in deciding on the resignations of the 16 MLAs
  • Rebel MLAs say they will not attend the trust vote on Thursday
  • Supreme Court rules that rebel MLAs cannot be forced to attend the assembly and vote in the floor test
  • Both the Centre and the Assam government have sought re-verification of up to 20% of draft NRC data
  • Pakistan opens its airspace for Indian planes
  • Dilapidated building collapses in Mumbai, killing more than 10 people while many were still trapped
  • Kulbhushan Jadhav case verdict to be delivered today by the ICJ
  • A Vistara flight landed in Lucknow with just 5 to 10 minutes of fuel left in the tank
  • Supreme Court to decide on Karnataka MLAs plea today
  • Karnataka alliance to face floor test on Thursday
  • China says that the next Dalai Lama will be appointed by it
  • Pakistan assures India that no anti-India activity would be allowed in the Kartarpur corridor
  • Pakistan to allow visa-free access to 5000 pilgrims every day to undertake pilgrimage using the Kartarpur corridor
ISRO calls-off Chandrayaan-2 mission launch at last moment due to technical snags. revised date will be announced later
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.